By Stuart Lieberman | Published April 22, 2020 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Comments Off on Homeowner Associations Must Enforce Social Distancing Rules
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Condominium Associations
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Homeowner Associations Must Enforce Social Distancing Rules
We have seen some community association managers take the position that compliance with government ordered social distancing and stay at home orders are government problems, not community association issues. Lieberman Blecher & Sinkevich sees this in a different light. We believe that community associations cannot ignore these highly unusual public obligations. Community Associations Must Stop Read More
Read MoreNew Jersey Appeals Court Says “Ongoing Storm Rule” No Longer Applies to Commercial Real Estate — Will This Lead to A Slippery Slope?
For years many lawyers and property owners in New Jersey believed that the “ongoing storm rule” was applicable in this state. Under that rule a commercial property owner had no duty to treat or remove snow or ice during a storm. The duty arose after the storm ended at which time reasonable removal efforts had Read More
Read MoreAppellate Division Rules in Favor of Defendants in Condo Association Rent Recievership Case
In Woodlake at King’s Grant Condominium Association, Inc. v. Coudriet, the New Jersey Appellate Division addressed the issue of rent receivership in the community association context. Generally, a community association seeks the appointment of a receiver so that it can rent out a vacant unit and use the proceeds to pay overdue assessments, which was Read More
Read MoreCourt Permits Condo Association to Pursue Contractors for Common Area Damage Absent Unit Owner Approval
In Port Liberte II Condominium Association v. New Liberty Residential Urban Renewal Company, the NJ Appellate Division reinstated a condominium association’s multi-million dollar lawsuit over construction defects, holding that the contractors sued by the Association lacked standing to enforce a bylaw requiring unit owners to approve the litigation before it is filed. The Court further Read More
Read MoreCourt Rules in Favor of Community Association Business Judgment Rule
The New Jersey Appellate Division recently addressed a community association case, Apple Ridge Condominium Association v. Rodgers, in which a unit owner alleged that the Association caused him to be rejected for a reverse mortgage on his condominium by engaging in bad faith through its involvement in a lawsuit with a group of fee simple Read More
Read MoreCondo Association Not Liable for Icy Sidewalk Fall
Icy Sidewalks Find an Audience with the Appellate Division Winter is in full effect. With sidewalks covered in snow, falls on ice are occurring throughout the state. Community associations concerned about their liability regarding these falls can refer to the recent Appellate Division decision in Cuiyun Qian v. Toll Bros. The plaintiff resided with her Read More
Read MoreNJ Appellate Division Addresses Condo Associations, Developers, & Lawsuits
Recently, the New Jersey Appellate Division in Belmont Condominium Association v. Geibel addressed the issue of when a condominium association has standing to sue a developer. The case involved a thirty-four unit condominium building in Hoboken called the Belmont. Seven years after the sale of the last unit, the community association sued the developer for Read More
Read MoreLimiting Liability for Condominium, Homeowner and other Community Associations
On March 20, 2013, the Superior Court of New Jersey ruled in Irma Sanchez v. The Villages Association that the burden of proving the validity of a community association’s bylaws limiting its liability in personal injury cases rests with the injured plaintiff. It is beneficial for community associations, their boards, professional managers and unit owners Read More
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Recent Blog Posts
Environmental Hearing Requests by Third Parties: An Update
By Stuart Lieberman / September 15, 2021
In 2010 this author contributed an article discussing the difficulty that anyone other than an applicant had in administratively contesting a permit. Stuart J. Lieberman and Shari M. Blecher, “It’s
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Hoboken cannot block residential development with new zoning ordinances, Supreme Court holds
By Zoe N. Ferguson / September 8, 2021
In Shipyard Assocs., LP v. City of Hoboken, 242 N.J. 23 (2020), the Supreme Court held that the City of Hoboken could not block a waterfront residential development by enacting
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Long standing land use attorney Michele Donato joins Princeton’s Lieberman Blecher & Sinkevich as “of counsel”
By Stuart Lieberman / August 19, 2021
The law firm of Lieberman, Blecher & Sinkevich is proud to announce that Michele R. Donato, Esq. has become Of Counsel with their firm.
Ms. Donato has specialized in land use,
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RLUIPA case in SDNY challenges alleged discrimination against Orthodox Jewish community
By Carolyn Griffin / August 19, 2021
In December 2020, the Southern District of New York filed a lawsuit under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the Village of Airmont. The suit alleges
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