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Law & Legislation
Pet Rules and Regulations
For anyone who has ever taken in a stray, won a goldfish at a county fair, or indulged a pleading child with an impossibly cute kitten, the disarming charm a pet holds over its owner is self-evident. A pet becomes more than just a presence about the house, it is a loyal companion, and for many people, an extended member of the family. But in communal living situations, like in condos and HOAs, the issue of pet rules and restrictions is vital. One person’s joy must not become another’s burden. So lay out the ground rules before the situation becomes hairy—or furry, as the case may be. Read More
Transferring Power from Developer to Board
Transitions are subjective; a prospective homeowner puts a bid on a condo unit or townhouse, navigates the normal channels, and upon receiving approval looks forward to settling into his or her new home. There's a lot to do before that can happen, though: packing, moving, changing addresses, getting used to the new commute, meeting the new neighbors, and finally becoming a link in an association's chain. Read More
A Look Inside New Jersey's Legislature
Throughout its 200-year history, the New Jersey Legislature as an institution has reinvented and adapted itself to provide for the needs and concerns of its citizens and constituents. For all the impact the state legislature has on ordinary citizens, however, few people really understand Trenton's inner workings, or have a good grasp of how proposed bills become the laws that govern their day-to-day lives. Read More
Post-Litigation Solutions to Community Problems
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
A Look at What's On Deck in Trenton
Each legislative session in the New Jersey Senate usually includes at least one bill or proposal related to housing, or one that impacts the state’s HOAs. There were several such bills introduced this past year—some of which were allowed to continue their journey toward ratification, and others that just couldn’t catch a break, no matter how long ago they were first suggested to the assembled lawmakers. Read More
General Legal Counsel
Every community association has a legal advisor. Next to the managing agent, this person is perhaps the most important professional that the board of directors and members interact with. Apart from going over day-to-day documents, forms, and authorizations for any number of actions and projects, the attorney also has the job of advising the board and management team on policy and helps them avoid—or survive—litigation. Read More
The Uniform Common Interest Ownership Act
Unlike the ordered governance of cooperative corporations and condo associations in places like New York City, New Jersey's community and homeowner associations largely govern themselves, with little oversight from the state and no standardized procedures or best practices. The result is a patchwork of rules and regulations, and occasionally great disparities between how developments—sometimes even in neighboring subdivisions—operate and run their associations. Read More
New Political Leadership in Trenton
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
What Happens when a Board Abuses its Power?
Condo and HOA residents often complain that their board doesn’t do enough, or that the board members aren’t involved as much as residents would like in the administration and maintenance of their community. While a disinterested or apathetic board is certainly a problem, going to the other extreme—becoming an overbearing, Big Brotherish cabal—can be just as bad, or worse. Read More
Talking Points in Trenton
Bills about pets, lead paint abatement and property tax reform are among the items currently being debated by the New Jersey Legislature that could affect the operations of condo boards and homeowner associations throughout the Garden State. The legislative arm of the Community Associations Institute (CAI) has been monitoring several pieces of legislation that would impact homeowners and community associations in various ways, according to Audrey Wisotsky of the law firm of Pepper Hamilton LLP, and the chair of CAI's Legislative Action Committee. Read More
