David Byrne is a partner in the Firm’s Community Association Practice Group. He limits his practice to the representation of condominiums, community associations, cooperatives and homeowners associations. Mr. Byrne provides homeowners associations, condominiums and cooperatives with a full range of legal advice and services including the drafting and negotiation of service contracts, rules and regulations and alternative dispute regulations (“ADR”), collections, delinquent assessments and common charges, transition negotiations with developers and/or sponsors, construction defect litigation, municipal services and relations, fair housing compliance, restrictive covenant enforcement and interpretation, any necessary litigation-related services, governance, and the fiduciary duties of board members.
Representative matters include:
- Dismissal of the complaint of several condominium owners in the United States District Court, District of New Jersey, regarding the United States Fair Housing Act, parking issues and allegations of retaliation, a decision reported at 173 F. Supp 2nd 244 (D.N.J. 2001).
- Appellate Division’s reversal of a trial court’s refusal to apply the Municipal Services Act (“Kelly Bill”) to a community association in development, a decision reported at 330 N.J. Super. 345 (App. Div. 2000).
- Landmark New Jersey Appellate Court decision upholding parking-related rules on public roads in a private community and protecting that board from a defamation suit, a decision reported as Verna v. Links at Valleybrook Neighborhood Association, Inc. at 371 N.J. Super 77 (App. Div. 2004).
- Successfully argued that a condominium need not provide alternative dispute regulations (ADR) prior to instituting an action for injunctive relief, in a reported decision, Finderne Heights Condo. Association, Inc. v. Rabinowitz, 390 N.J. Super. 154 (App. Div. 2007).
- Lead counsel to Leisure Village, successfully establishing, in 2012, that New Jersey’s Municipal Services Act does not bar the claims of qualified private communities made more than one (1) year after the community’s costs had been incurred, in a case entitled Leisure Village Association v. Township of Lakewood (L-1684-11).
- Prevailed in a plenary hearing proving that all of the community’s roads are “roads”, and eligible for reimbursements and/or services, for the purposes of New Jersey Municipal Services Act.
- Argued a groundbreaking appeal in Woodlake at Kings Grant Condominium v. Mesey, resulting in an appellate court opinion that recognized that a court is empowered to grant a condominium’s application to place a unit into rent receivership, in the context of that condominium’s lien foreclosure.
- Successfully appeared before New Jersey’s Appellate Division, arguing in favor of a community association’s right to tow vehicles, enforce restrictive covenants, protect owners’ privacy and the collection of assessments and attorneys’ fees.
Mr. Byrne has also defended several associations via jury trials against fiduciary duty suits and testified before the 2003 New Jersey State Committee on Investigations inquiring into home construction and inspection abuses. He frequently lectures for the New Jersey Chapter of the Community Associations Institute (CAI), the Cooperator, the South Jersey Condominium Managers Association, the Institute of Real Estate Managers, the New York/New Jersey Cooperator Annual Conference, NYARM, the Pennsylvania and Delaware Valley Chapter of CAI, and the Hudson Valley Chapter of CAI. Mr. Byrne is currently serving as the Vice President of the Board of Directors of the Big Apple Chapter of CAI.
He has lectured extensively on a variety of topics, including the recovery and management of assessments and/or common charges, a developer’s obligations pursuant to New Jersey’s Planned Real Estate Development Full Disclosure Act, alternative dispute resolution, mediation, transition, “going green” and communities, predatory towing, insurance, contract law, construction defects, fair housing, sponsorship duties per New York law, and rent receivership.
He has written numerous articles for CAI’s Community Trends® magazine; the national publication Community Association Law Reporter, the New York and New Jersey Cooperator, CAI’s Community Assets magazine, CAI’s In Focus magazine, and the New Jersey Law Journal. His articles have addressed issues such as affordable housing, collections, rent receiverships, management and recovery of assessments and common charges, free speech concerns, ADR, fiduciary duty, municipal services, transition, fair housing, mediation, governance, rules and regulations, and foreclosure.
Mr. Byrne is also a member of the Advisory Committee of the Community Association Manager, a publication serving the needs of the country’s community association managers. He has served, and continues to serve, as a consultant in legal malpractice cases involving community association attorneys, and on behalf of management companies and associations with regard to their fiduciary duties.
Prior to joining Ansell Grimm & Aaron, P.C., Mr. Byrne was a partner at Herrick, Feinstein LLP in its Community Association Department. He received his B.A. from Rutgers College in 1991 and his J.D. from Rutgers School of Law in 1994. David was admitted to the New Jersey Bar in 1994, the Pennsylvania Bar in 1997 and the New York Bar in 2010.
In 2008, Mr. Byrne was named in the New Jersey Law Journal’s list of top 40 Lawyers under 40 in New Jersey.*
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