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Category: Q&A

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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Q&A
Renovations During the Corona Crisis

Q. Our building currently has a couple of improvement projects underway - so do some of our residents. Should we immediately stop all such work because of the corona pandemic? A. According to Andrew Brucker, a partner with Manhattan-based …

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Q&A
COVID-19 vs. Building & Unit Access

Q. As the coronavirus/COVID-19 pandemic spreads, we're trying to keep our building and residents as safe as possible as we practice social distancing and self-quarantine as necessary. To that end, can we ban all non-residents from the build…

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Q&A
Disease & Disclosure

Q. If a resident in our building tests positive for COVID-19, or is self-quarantined, should we tell the other residents and staff? A. According to Peter Massa, an attorney with Manhattan-based law firm Armstrong Teasdale, "Residents shoul…

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Q&A
2019 Winter Q&A: Can Playing Be Against the Rules?

Q. Our building is discriminating against children. The board has just purchased very expensive lobby furniture ($6,000 per chair) with a white rug. It has now passed a rule that children must not play in the lobby. If they are “caught” p…

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Q&A
2019 Winter Q&A: The Legality of Surveillance

Q. I’d like to get the opinions of legal experts regarding boards that use the surveillance system to spy on residents they dislike, attempting to “catch” them at some behavior which may be against the building rules. So is it legal to sp…

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