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Law & Legislation
Who Rules the Roost?
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
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
Legislative Happenings in Trenton and Washington
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
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
