2009 June


 

2009 June Vol. 7, No. 6

Focus on...Law & Legislation

Who Rules the Roost?

By Greg Olear

 Most of the time, condo and HOA residents live in harmony with (or in relative  ignorance of) their association’s rules and regulations. It’s not until conflict arises that people begin to examine and familiarize  themselves with the laws of the land, so to speak, and sometimes board members  and managers are as in-the-dark as unit owners about the rights and  responsibilities of residents. Read More

Legislative Happenings in Trenton and Washington

By Hannah Fons

 Nearly every day, pieces of legislation are introduced, debated, or voted on—both in Trenton and in Washington—that impact the administration of New Jersey’s HOAs. Keeping track of what passes into law (and then must be complied with)  is a big job for property managers and their boards, but it’s important to stay abreast of changes in the law and to be aware of legislation  on the horizon or poised to be put into action.   Read More

Dealing with the Realities of the Recession

By Lisa Iannucci

Consider the (fictional) couple, Mr. and Mrs. Smith. They love their co-op  apartment in a comfortable, convenient neighborhood in Hoboken, and have lived  there for the last seven years, moving in when Mr. Smith took an editing job  with a prestigious magazine across the river in Manhattan. He was making a  great salary, and Mrs. Smith was enjoying her new career as an elementary  school teacher. When the economy took a hit last year however, Mr. Smith’s magazine took a major hit—advertisers bailed, and the magazine was forced to eliminate his position. Mr.  Smith has had a hard time finding a job ever since, and Mrs. Smith’s salary isn’t enough to make ends meet. The couple has been struggling—and they’ve missed several maintenance payments. Read More

Balancing Community Rules with Individual Rights

By Lisa Iannucci

 When you live in a community association, you must abide by the rules that have  been set. After all, condominiums are like little municipal governments; they  collect fees, maintain the commonly-owned properties and set and enforce rules.  But what if those rules conflict with state or federal laws, such as the  Americans with Disabilities Act, or the right to freedom of speech? Read More

Checking Credentials, Covering Bases

By Jonathan Barnes

 Those who handle the management of any kind of residential building deal with  contractors and contracts regularly—but they aren’t the only ones who should know about the process. It’s not necessarily an arcane topic—whether the project is a major roof repair or an association-wide window  replacement, the construction process is usually pretty much the same.   Read More

New Jersey is Getting on Board

By J. David Ramsey, Esq. & Jennifer A. Loheac, Esq.

 The state of New Jersey licenses or certifies practitioners of a wide range of  professions, from doctors and plumbers to beauticians and irrigation  contractors. Is the management of community associations a profession that  requires licensure?   Read More

Celebrating a Community's Revival

By Mary K. Fons

 If you’re looking for a parable for the indomitable spirit of America, the story of Red  Bank fits the bill. This now thriving New Jersey borough has a rich—but not always rosy—past. Read More

Q&A: What is Super's Compensation

By David Byrne

My question concerns the various forms of compensation our building’s super receives and the shareholders’ right to know the exact sum of his monthly income, as an exact cost to the  building. Our super has a fixed salary, which is disclosed to the shareholders  in the yearly financial statement. However, there are several other extras that  have never been calculated, such as: a free apartment, a free inside parking  space, a free land line, cell phone services and free electricity. The  electricity bill covered includes his apartment a private washer and dryer (given to him by the co-op) and a huge, second refrigerator. The washing machine, dryer, and second refrigerator are kept in a  storage space, and this electricity bill is paid by the corporation.   Read More

Q&A: Building Owner Incarcerated for Mortgage Fraud

By Jennifer A. Loheac, Esq.

I live in a 28-building garden apartment complex with 56 units per building—some of which are rent stabilized, others of which were sold as condos. The  owner of the complex is now in jail in connection with his company’s fraudulent mortgage activities. Tenants are now receiving foreclosure threats  and eviction notices. How can we protect ourselves? Will banks evict residents  based on the building owner’s illegal activities? Read More

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