2006 Jun

2006 Jun Vol. 26, No. 6

Focus on...Law and Legislation

Post-Litigation Solutions to Community Problems

By Elizabeth Robbins

Lawsuits should be the last resort for resolving conflicts within community associations. Alternative Dispute Resolution (ADR) and other mediation avenues make it possible for community associations to avoid litigation altogether. Nevertheless, neighbors often do decide to have their dispute resolved by a judge or jury. When lawsuits do happen, strong emotions are usually involved, and although people can usually co-exist within a community after a lawsuit has taken place, lingering hard feelings often remain long after the dispute has been Read More

New Political Leadership in Trenton

By Raanan Geberer

There are new faces, a new two-year session, a new governor and a new General Assembly speaker in Trenton, and these changes may have repercussions for homeowner reforms, housing legislation and other quality-of-life issues. Read More

Budgeting for Legal Costs

By Liz Lent

For most people, the thought of legal fees and litigation costs are enough to cause heightened anxiety and maybe a heart palpitation or two. Consider that same scenario when it comes to board members in charge of the well-being of an entire homeowner's association. That's serious pressure—and one of the reasons why boards and their attorneys try so hard to plan for any and all contingencies when it comes to the cost of protecting their HOA's legal interests. Read More

Breach of Fiduciary Duty

By Anthony Stoeckert

While a condominium owner owns his unit, and a shareholder in a cooperative owns shares of a corporation, there are a lot of aspects of their living situations that they can't control. If the elevator doesn't work, or the grass isn't being cut, or there are leaks in the hallway that fall under the building's responsibility, the individual homeowner depends on their association board to have the situation rectified. Read More

UCIOA, Micheve & Twin Rivers

By Debra A. Estock

In most cases, New Jersey's community and homeowner associations largely govern themselves, with little oversight from the state and no standardized procedures or best practices. But recently there has been some movement from the powers that be in Trenton to regulate community associations and provide some protection to homeowners that live in them. Read More

Common Lawsuits in HOAs

By Greg Olear

Homeowners associations are governed by a private board, generally comprised of residents of the condominium. Just because board members are unpaid volunteers, however, does not exempt them from exposure to lawsuits. Indeed, HOA board members are held to the same standard as their for-profit corporate counterparts where the law is concerned. Read More

Suburban Storage Options

By Lisa Iannucci

Comedian George Carlin got it right—all we want is a little space for our stuff. Ample storage space is a precious commodity, and residents are often left on their own to invent creative ways to store bikes, sports equipment, holiday decorations, office supplies, out-of-season clothing, treasured collectibles and memorabilia and, ultimately, even more varieties of stuff. Read More

Hackensack

By Lisa Iannucci

According to Hackensack city manager Steve Loiacono, his town is really going places."Real estate values are strong, business—and retail in particular—has been expanding and shows no sign of slowing," he says. "Unemployment is relatively low. Service industries continue to expand and move in. Manufacturing continues to see a slow but steady decline as other markets with less expensive labor attract manufacturers." Read More

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