Community Association Law — New Jersey

CAP Group Chair, David J. Byrne to Present at CAI’s Roundtable Series

The New Jersey Chapter of the Community Associations Institute will host, and Ansell Grimm & Aaron, PC will sponsor, a Manager Best Practices Roundtable Discussion and Networking event on Thursday, April 7.  David J. Byrne, Esq., head of Ansell Grimm & Aaron’s Community Association Practice Group, will facilitate a discussion at the event on reasonable accommodations for comfort, emotional support and service animals.

Numerous other topics will be presented including: community association pool safety, contaminated wells and water use permits, non-member income such as pool badges and clubhouse rentals and others. The event will take place at the Forsgate Country Club at 5:30PM.

For more information on AGA’s Community Association Practice Group, contact Mr. Byrne at djb@62q.f7d.myftpupload.com or via phone at 609 557-1031.

Visit AGA CAP Group at the CAI 2016 Annual Conference and Expo

AGA’s Community Association Practice Group Attorneys David J. ByrneRichard B. Linderman, Mark M. Wiechnik, and Nicole D. Miller will be exhibiting at the Community Associations Institute 2016 Annual Conference and Expo . The Expo will take place on Thursday, April 14 at the Pennsylvania Convention Center, Grand Hall, 12th and Arch Streets, Philadelphia, Pennsylvania. The Expo provides learning and networking opportunities for attendees which include property managers and board members of residential condominium, cooperative, and homeowner associations, and the professionals and suppliers who serve them.

If you are planning on attending the Expo, please visit the AGA Community Association Practice Group at Booth Number 307 or contact David J. Byrne if you wish to set up a meeting with one of our attorneys while you are at the conference. Mr. Byrne can be reached at djb@62q.f7d.myftpupload.com or by calling 609-751-5551.

 

Visit AGA’s Community Association Practice Group
at IREM Tri-State Conference & Expo in Atlantic City

AGA’s Community Association Practice Group Attorneys David J. Byrne, Elysa D. Bergenfeld, Richard B. Linderman and Mark M. Wiechnik will be exhibiting at the 2016 IREM Tri-State Conference & Expo. The Expo will be held on February 18-19 at The Borgata Hotel, Casino & Spa in Atlantic City and includes a full slate of educational programs, an industry partners expo and networking for real estate professionals.

The Institute of Real Estate Management, more commonly known as IREM, is an international organization of professional property managers who manage all different types of real estate. IREM was organized in Chicago in 1933 by three founding chapters which included the New Jersey and Pennsylvania chapters along with the Illinois Chapter.

If you are planning on attending the 2016 IREM Tri-State Conference & Expo, please visit the AGA Community Association Practice Group in booth 101 or contact David J. Byrne if you wish to set up a meeting with one of our attorneys while you are at the conference. Mr. Byrne can be reached at djb@62q.f7d.myftpupload.com or by calling 609-751-5551. The Community Association Practice Group looks forward to seeing you in Atlantic City!

“How To” Seminar on Foreclosure of Condominium, HOA Liens to Feature David J. Byrne

On February 9, 2016, David J. Byrne, Chair of Ansell Grimm & Aaron PC’s Community Association Practice Group will participate in a program designed to help attorneys properly foreclose on condominium and HOA liens. The program will be presented by The New Jersey State Bar Association’s CLE Lunchtime Webinar Program. Participants will learn about current law and procedures affecting the foreclosure of HOA and condominium liens. Mr. Byrne will present along with Kathryn Gilbertson Shabel, Esquire who currently serves as the Assistant Chief of the State of New Jersey Office of Foreclosure.

Mr. Byrne has represented condominiums and HOAs for more than 20 years, and has deep and vast experience in all aspects of lien foreclosures. Mr. Byrne and Ms. Shabel will instruct participants how to successfully foreclose on a HOA and/or condominium lien. They will also discuss some of more challenging aspects of such foreclosures, including abandoned units and receiverships, ‘surplus funds’, the recovery of the client’s attorneys’ fees and the relevance of the homes’, and/or unit’s, mortgage.

For more information about the seminar, and to register, visit the NJICLE website.

You may contact Mr. Byrne by calling 609-751-5551 or via email at djb@62q.f7d.myftpupload.com

Association’s Receivership and Lease Still Valid After Sheriff’s Sale

In late 2012, our client, Vail Section Condominium, successfully moved to have an empty and abandoned unit placed into receivership. The condominium’s receiver, after having the abandoned unit repaired, made and executed a lease with a tenant. This tenancy (and the condominium’s enjoyment of rental receipts) continued on through 2015. During the course of this tenancy, the particular condominium unit’s lender completed its foreclosure. That lender ultimately purchased the unit at sheriff’s sale, in the fall of 2015. The tenant eventually became delinquent in the payment of rent resulting in the receiver’s eviction complaint. The court – even though the lender’s foreclosure was over, the lender had purchased the unit at sheriff’s sale and even after the sheriff’s deed associated with that sale was recorded by the lender – validated the receivership and the receivership’s lease. To that end, and months and months after the lender’s sheriff’s sale, the court found in favor of the receiver, entered a judgment for possession and ordered that the tenant be evicted. This decision – and condominium/receivership victory – reminds us that those timid and skeptical professionals and owners, who are frightened of the reach and power of lenders, are wrong to consistently shy away from asserting the rights and needs of condominiums and HOAs that continue to suffer from the scourge of abandoned and empty homes.

 

For more information on AGA’s legal services to cooperatives or condominium and homeowners’ associations, contact Elysa D. Bergenfeld, Esq. at edb@62q.f7d.myftpupload.com or by phone at 609-751-5551.

The above is for informational purposes only and does not constitute legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship.

Attorney Nicole D. Miller joins AGA’s CAP Group as it Celebrates its 1st Anniversary with the Firm

Nicole D. Miller has joined Ansell, Grimm & Aaron, PC’s (“AGA”) Community Association Practice Group. Ms. Miller concentrates her practice in the representation of condominiums and homeowners associations and will be working out of the Princeton office. She advises community association boards and property managers on matters including daily operations, drafting of contracts, the creation and enforcement of rules and regulations, alternate dispute resolution (“ADR”), developer transition, fair housing compliance and litigation arising from construction defects, contractor service agreements, delinquent assessments and common charge recovery, governance, and the fiduciary duties of board members.

Prior to joining the firm, Ms. Miller practiced commercial and other civil litigation representing banks, limited liability companies, partnerships and franchises in both Pennsylvania and New Jersey. Ms. Miller is a graduate of the College of New Jersey and received her law degree from Rutgers University School of Law, both Cum Laude.

“Nicole is a great addition to our expanded office,” said David J. Byrne, the Chair of AGA’s Community Association Group. “We also welcomed a new paralegal to the group and have recently added a new legal assistant to support the additional professional staff. Celebrating our first anniversary with AGA and with our recent move to a permanent office in Carnegie Center, we look forward to continuing to add staff to give personal attention to all of our clients.”

AGA’s Community Association Group has more than 50 years of combined experience in the industry representing associations throughout the northeast. AGA’s clients are afforded a full range of legal services, covering all the legal issues and needs of any homeowners association, condominium or cooperative.

In its more than 85 years AGA, has grown to represent clients throughout the tristate area via offices in Ocean, NJ, Woodland Park, NJ, White Plains, NY, Princeton, NJ and Newtown, Pa. AGA attorneys are dedicated to providing excellent legal representation by providing zealous advocacy and skilled legal advise to our diverse clientele. AGA attorneys all practice with a common philosophy, Commitment to Excellence and Commitment to People.

For more information on AGA’s legal services to homeowners association, condominium or cooperative, contact David J. Byrne at 609-557-1031 or djb@62q.f7d.myftpupload.com.

Linderman discusses intersection of residential and commercial uses with NJ Cooperator

AGA Community Association Practice Group Partner, Richard B. Linderman recently spoke with the New Jersey Cooperator about the challenges facing mixed-use commercial and residential buildings.

Mr. Linderman noted that associations, boards and managers need to take many factors into consideration in their relationship with commercial enterprises, and that the rules for businesses can vary significantly from a residential-only site.

For the full story, visit:

The Neighbor Downstairs

Mr. Linderman has successfully represented community associations in numerous litigations, including the defense of executive boards, complex construction suits, and statutory compliance related matters. He is a frequent lecturer to homeowners, property managers, and industry professionals on topics relating to community associations, corporate governance, bankruptcy and assessment collections.

 

Mr. Linderman can be reached directly at 609-557-1032 or via email at rbl@62q.f7d.myftpupload.com.

Linderman educates CAI members on Fair Housing Act

Rich at podium addressing the audience at CAI seminar on 10.1
Rich Linderman of AGA's Community Association Law practice group addresses members of CAI on compliance with the Fair Housing Act at a seminar in Cherry Hill.

On October 1, 2015,  Richard Linderman presented a program to several property managers and board members regarding the impact of the Fair Housing Act upon community associations.  The property managers were able to obtain educational credit through the Community Associations Institute’s Pennsylvania/Delaware Valley Chapter.  Mr. Linderman’s presentation focused on avoiding litigation and helping condominium boards deal with requests for reasonable accommodations and modifications under the Fair Housing Act.

Michael Shaw, Manager of Communications & Programs for CAI-PA/Del-Val thanked Richard for being one of our experts.  “He did a great job!”

Richard is a partner in the Community Association Group of Ansell Grimm & Aaron PC.

CAI mini trade trade show in Cherry Hill

Visit Ansell Grimm & Aaron’s Community Association Practice Group at CAI’s upcoming New Jersey Mini Trade show on Thursday, October 1, 2015 at 5 p.m. at the Holiday Inn in Cherry Hill.

Managers and homeowners will have the opportunity to attend an educational session on critical issues to community associations. Managers will receive one hour of continuing education credit for the session.

Event Schedule:

5:00 PM Exhibits and Light Fare, Cash Bar
6:45 PM Education Session in the Exhibit Hall
7:45 PM Door Prize Announcements
8:00 After Party – Food and beverage available for purchase from the hotel bar

Contact the Chapter office at 610-783-1315 for group registrations.

Directions to the hotel can be found here.

AGA Attorney David Byrne featured guest on “The Voice of Real Estate” Radio Show

Ansell Grimm & Aaron Attorney David Byrne, Chair of the Community Association Practice Group was a featured guest on “ The Voice of Real Estate with Debbie Lang” on 920AM The Voice on Sunday Sept. 20. You can listen to a podcast of the interview by clicking on the link below. Dave gave his insights on what to know when buying a property that has a homeowner’s association.

http://www.920thevoice.com/ondemand/Episodes.aspx?PID=3888

Additionally, you can stop by and see David and other members of AGA’s Community Association Practice Group at the 2015 CAI-NJ Annual Conference & Expo, booth # 309 on Saturday, September 26, 2015 at the Garden State Exhibit Center, Somerset.

To learn more about the event visit the CAI-NJ website, The registration form for the event is available here. Registration is free for home owners, unit owners and board members who are CAI members. Pre-registration for non-member home owners, unit owners and board members is $20 and on-site registration is $20, pre-registration is recommended.

If you wish to schedule a meeting and learn more about AGA’s legal services, please contact David Byrne at 609.557.1031 or via email at djb@62q.f7d.myftpupload.com.