Category: Q&A

Q&A
2020 Winter Q&A: Radburn on Term Limits

Q. Does the Radburn Law make it impossible to have term limits for our board? —Owners Concerned about Abuse of Power A. According to Hubert Cutolo, an attorney with the firm of Cutolo Barros in Freehold: “In 2017, the Planned Real Est…

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Q&A
2020 Winter Q&A: Interview Rules

Q. I am a new resident of a co-op building in New Jersey and unaware of the rules, regulations, and state laws pertaining to applicants. I now find myself on the co-op interview committee, and have been told that it is no longer legal to …

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Q&A
Fall 2020 Q&A: Common Elements vs. Individual Unit Elements

Q.   I live in a condo association. Our master deed includes detailed and specific sections that list what items are included in a unit and further state that these items are the unit owner’s responsibility to maintain, repair, or replace …

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Q&A
Fall 2020 Q&A: Conflict of Interest?

Q. Can a newly-appointed vice president to the board, who is also a broker, sell units in his/her condo building? I would think that this would be a conflict of interest since the board member has access to all personal information about …

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Q&A
Fall 2020 Q&A: Balcony Alteration

Q. A homeowner in a condo asks the board to allow the alteration of the balcony enclosure to a taller height. The board and management company agree and the alteration takes place. Twenty-five years later a new manager says that was impro…

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Q&A
Fall 2020 Q&A: Amending Governing Documents and the Radburn Act

Q.   I live in an adult community in South Jersey for 55-and-older people. It is a single-family fee simple community with an HOA. Our governing documents were amended in 2003 after receiving approval of two-thirds of the members. The gove…

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Q&A
2020 June Q&A: Getting Access to a Contract

Q. I pay HOA fees for landscaping. Not all areas of the development are the same—some streets just have ornamental trees and a minimal amount of leaves falling. My block is swamped with leaves on the ground that begin in September, but I …

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Q&A
2020 June Q&A: Board Members Who Are Delinquent with Their Fees

Q. I am living in a small complex with 21 units in Northern New Jersey. We have six people on the board and they all live in the complex and don’t pay the maintenance fees. Is it legal in New Jersey to get compensated to be on the board a…

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Q&A
2020 June Q&A: HOA Voting in Advance

Q. Can an HOA issue a proxy/ballot for voting only in advance of an annual meeting for additions to the common areas? Proxies and absentee ballots are allowed in the bylaws for such issues (not elections) but no mention of voting only in …

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Q&A
2020 April Q&A: Voting Rights and Ownership of the Land

Q. Our association is comprised mostly of people who own both their building and the land under their building. We have a small group of people who only own their building and pay a user fee to a sponsor for the land under their building.…

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