Community Association Law — New Jersey

David Byrne to be featured on “The Voice of Real Estate” Radio Program

Tune in to 920AM – THE VOICE on Sunday, September 20th at 9AM to hear David Byrne, Esquire, Chair of Ansell Grimm & Aaron’s Community Association Group as he discusses Community Association Law. David will be interviewed by Debbie Lang, Realtor, host of “The Voice of Real Estate”. David limits his practice to the representation of condominiums, community associations, cooperatives and homeowners associations. A podcast of the program will be available for download on 62q.f7d.myftpupload.com after the show airs.

For more information about AGA’s Community Association Group, contact David at 609-557-1031 or via email at djb@62q.f7d.myftpupload.com.

CAP Group at CAI-NJ Expo

Visit Ansell Grimm & Aaron’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. Attorneys from the CAP Group will be on hand to answer questions regarding the CAP Groups legal counsel and services.   If you wish to schedule a meeting, please contact David Byrne at 609.557.1036.

 

Getting Ready for some football

Jets standout left tackle D'Brickashaw Ferguson takes a moment to greet members of Ansell Grimm & Aaron PC's community association practice group , Hub International, Rezkom Enterprises, Wilkin & Guttenplan, PC and Professional Restoration at a night with the Jets earlier this month.

On July 13, 2015 Ansell Grimm, & Aaron, PC teamed up with HUB International, along with Rezkom Enterprises, Wilkin & Guttenplan, PC and Professional Restoration for a night with the Jets at the Jets Training Facility in Florham Park, New Jersey.

Our attendees were able to do drills on the Jets training field, as it was a gorgeous night, enjoy appetizers, dinner, refreshments and cocktails, and meet, talk to and toss the ball with one of the New York Jets’ premiere players, D’Brickashaw Ferguson. What a great night! Thanks to HUB, our co-sponsors, the New York Jets and especially all of our attendees!

New Jersey Court Rescues Associations Plagued with Construction Defects &/or a Contractor’s Faulty Work

Mark Wiechnik, Esq. and Breanne DeRaps, Esq. of Ansell Grimm & Aaron, P.C. secured a resounding victory for condominium associations and homeowners across New Jersey today.

In a published (and precedential) decision the New Jersey Appellate Division found that construction defects and faulty workmanship that cause damage to other property is a covered event under the General Contractor’s general liability insurance policies. The decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC., et al., confirmed that associations plagued by defective roofs, brick, siding and other defects which allow water to intrude and cause damage now have a source of recovery from the General Contractor’s insurance. Prior to this decision, there had been no determination by any appellate court in New Jersey on this issue. In fact, the only reported relevant case until now often killed a community’s or building’s attempt to cure construction defects and/or faulty workmanship, because it found that a General Contractor’s policy could not be triggered by any damage to the building/common elements in question. Mark and Breanne successfully convinced this court to soundly reject that position.

It is common in New Jersey that General Contractors form single-purpose entities that have little or no assets or means to pay a judgment. Thus, absent insurance coverage for the General Contractor, an association is often left without a way to recover the funds necessary to fix construction defects and/or faulty workmanship. The confirmation that insurance coverage exists represents a significant step forward in protecting the rights of associations and homeowners when they are faced with construction defects and faulty workmanship. We are extremely proud of this victory for our clients.

Mark, Breanne and the rest of Ansell’s Community Association Group represent many associations and homeowners suffering from the consequences of defective construction and faulty workmanship.  Feel free to contact us at mmw@62q.f7d.myftpupload.com or bmd@62q.f7d.myftpupload.com if you have questions regarding your home or association. We should be able to assist you.

 

The information provided on 62q.f7d.myftpupload.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein.

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Law Governing Association Elections & Board Member Removal Advances in New Jersey Assembly

The New Jersey Assembly Housing and Community Development Committee recently favorably reported its Bill No. 3069. If adopted by the full Legislature, and signed by the Governor, New Jersey’s Planned Real Estate Development Full Disclosure Act (PREDFDA) would be amended to further regulate the elections, and board of trustee service, of condominiums and homeowners’ associations.

More specifically, the boards of associations with less than 11 homes would be limited to only three (3) members. The boards of all other associations must have five (5) members unless that association’s bylaws provide otherwise. The law would mandate certain election-related procedures, including anonymous owner voting. It would also create a rather specific process by which member of an association’s board could be removed therefrom. The existing board would have certain powers to remove a board member, following the request of a small portion of the owners.

Further, regardless of the provision(s) set forth in an association’s bylaws, 10% of the owners could force the association to have a special owners meeting for the purpose of board member(s) removal. Not unexpectedly, this law would enlarge the existing regulatory powers of New Jersey’s Department of Community Affairs, empowering it to oversee associations’ compliance. If you have any questions about this pending law, about any other pending law and/or an existing law, relating to New Jersey’s community associations, please contact us.”

 – David Bryne

 The information provided on 62q.f7d.myftpupload.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein.

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Court Validates Condominium Board’s Refusal to File Insurance Claim In Connection with a “Unit”

Because of a faulty thermostat, John and Nancy Buchler unknowingly constantly ran the heat in their condominium unit at a very high temperature. The continuous heat resulted in ‘cracks in the dry wall, damage to the ceilings and woodwork, and damage to the furniture and floors’, as well as damage to the unit’s other thermostat.  The master deed includes within its definition of “Units” the following: “appliances …interior partitions, and other improvements located within or appurtenant to the UNIT on the interior side of all walls within the unit.’  It defines ‘common elements’ as ‘all land and all portions of the property not located within any UNIT’.

This condominium maintained insurance coverage ONLY to the extent required by New Jersey’s Condominium Act (the “Act”), its master deed and its bylaws. Since those documents mandate only coverage to include ‘all areas of the building not owned by UNIT OWNERS’, and the Act mandates only coverage for ‘all common elements and all structural portions of the condominium property,’ this condominium purchased a commercial property insurance policy covering only the condominium’s ‘common elements’.   The policy’s endorsement further clarified the scope of the condominium’s coverage, ensuring that there was/is no coverage for any portion of the condominium that is ‘reserved for’ a unit ‘owner’s exclusive use or occupancy.’

As is far too often the case, the Buchlers did not have personal insurance covering their unit.  The condominium refused to file a claim with its carrier with respect to the Buchlers’ interior damage.  The Buchlers sued the condominium arguing that it was obligated to file an insurance claim.  The court eventually dismissed the Buchlers’ complaint against the condominium. The court found that the condominium maintained insurance coverage to the extent it was/is required to maintain, and that said insurance provided coverage for only ‘common elements’ and those areas of the condominium not ‘reserved for’ an ‘owner’s exclusive use or occupancy’.

Since the Buchlers’ damage was limited to those things set forth above, the court found that there was/is no common element damage.  The court found the condominium’s refusal to make an insurance claim proper.

The court’s decision in John Buchler, et al v. Club Regatta Condo Association, et al, provides support to those condominiums seeking to manage insurance-related costs by limiting the scope of its insurance coverage to only that which is expressly mandated by the Act and the particular condominium’s master deed and bylaws.  It provides support as well to those condominium boards hoping to limit the nature, amount and scope of insurance claims that actually are filed by that condominium.

 — David Byrne

The information provided on 62q.f7d.myftpupload.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein.

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Wiechnik to Share Construction Defect Litigation Expertise

Mark M. Wiechnik, a partner in Ansell Grimm & Aaron, P.C.’s community association practice group, will be a featured speaker at the National Business Institute’s August 20 seminar on Construction Defect Litigation at the Sheraton Atlantic City Convention Center Hotel. Mr. Wiechnik will be speaking about recent decisions that may affect pending and future cases.

To register for the seminar please visit the NBI website at: Construction Defect Litigation from A to Z. Attendance at the seminar satisfies state-mandated continuing legal education requirements for New Jersey, New York and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at noon. Discounted pricing is available through July 9.

TOP 10 Community Association Tips Seminar
to feature David J. Byrne, Esquire

David J. Byrne, Esq., Chair of Ansell Grimm & Aaron’s Community Association Group, will be a featured speaker at Association Help Now’s Top 10 HOA tips seminar on June 9 at Clifton Commons in Clifton N.J. Mr. Byrne’s presentation will focus on the ways associations fail to minimize risk and/or liability.

There is no charge for current community association board members and managers, and attendees will receive CEU credits provided by CAI- New Jersey. If you are interested in attending the seminar, please visit:

http://www.associationhelpnow.com or signup via the web here.

If you would like to contact Mr. Byrne directly please call 609.557.1031, or by email at djb@62q.f7d.myftpupload.com