Community Association Law

Majority Rules or Rule by Super Majority? It Depends…

Ansell Grimm June 7, 2016

In the latest issue of Association Help Now, David Bryne, managing partner of Ansell Grimm & Aaron’s Community Association Practice Group addresses the tricky question of vote counting when it comes to issues affecting the declarations and bylaws of homeowner’s associations.

“In New Jersey, the general rule is the amendment percentage is set by the document that is sought to be amended, except in certain situations” Byrne explains in the article, “A condominium can be terminated if 80% of everyone votes to terminate. That’s a provision set by statue.”

For the full story, visit AHN’s website.

Brian Ansell, Pam Mulligan expand roles with County Bar Associations

Ansell Grimm May 19, 2016

On May 26^th AGA Partner Brian E. Ansell will be installed as First Vice President of the Monmouth County Bar Association. AGA Counsel Pamela A. Mulligan will be installed as President of the Burlington County Bar Foundation and as Treasurer of the Burlington County Bar Association on June 3^rd.

Mr. Ansell, based in the firm’s Ocean Township office, has been very active with the Monmouth County Bar Association and has been a trustee since 2008 and officer of the Monmouth County Bar Association since 2012. Mr. Ansell focuses his practice in the areas of personal injury, medical malpractice, criminal defense, municipal court, DWI defense, as well as general civil, criminal and chancery litigation including litigation related to wills and estates. Mr. Ansell is Chair of the Civil Practice, Judicial Appointments and Municipal Court Committees and has served on multiple other committees throughout his tenure with the Monmouth County Bar Association. Mr. Ansell’s installation will take place at the Oyster Point Hotel in Red Bank, New Jersey.

Ms. Mulligan currently serves as Secretary for the Burlington County Bar Association and Treasurer of the Burlington County Bar Foundation and has been active with the Burlington County Bar Association and Foundation since 2007. In 2011 Ms. Mulligan was awarded the Robert W. Criscuolo Award from the Burlington County Bar Association for her contributions to the Association and to the Community. Ms. Mulligan is currently the Chair of the Corporate Networking Committee and a member of the Due Diligence, Debtor/Creditor/Bankruptcy, Budget & Finance, CLE, and Women in the Profession Committees. Ms. Mulligan was previously co-chair of the Debtor/Creditor/Bankruptcy and Young Lawyers Committees. She has presented CLEs for the Bar Association on the topics of Bankruptcy and Foreclosure and has moderated other seminars for the Bar Association. Ms. Mulligan focuses her practice in the areas of real estate, creditors’ rights, bankruptcy and intellectual property limited to copyright and trademark. Ms. Mulligan’s installation will take place at Kings Grant Community Center in Marlton, New Jersey.

Mr. Ansell may be reached via email at bea@62q.f7d.myftpupload.com or via his direct line at 732-643-5230.

Ms. Mulligan may be reached via email at pam@62q.f7d.myftpupload.com or via her direct line at 609-557-1045

Wiechnik to Share Construction Defect Litigation Expertise

Ansell Grimm April 19, 2016

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 May 3 seminar on Construction Defect Litigation at the Holiday Inn, Princeton, 100 Independence Way. Mr. Wiechnik will be speaking about what is covered and what is not covered by insurance policies, including the debates currently taking place regarding how insurance coverage is affected by building codes and standards, warranties and the Magnuson-Moss and Miller Acts.

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 and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at noon.

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

Ansell Grimm April 4, 2016

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

Ansell Grimm March 31, 2016

AGA’s Community Association Practice Group Attorneys David J. Byrne, Richard 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, 12^th 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.

AGA Attorney Richard B. Linderman responds to HOA Questions

Ansell Grimm March 30, 2016

AGA Community Association Practice Group Partner, Richard B. Linderman recently responded to a question about when boards can require a 100% member vote to amend or repeal a covenant from a Homeowner’s Association Board Member or Manager which was featured in the “National HOA Questions and Answers” Column of Pennsylvania Association Help Now Newspaper.

Mr. Linderman noted that generally, in New Jersey and Pennsylvania, the declaration of covenant require either a two-thirds or 80% vote to amend. Mr. Linderman noted that, from an operational standpoint, a 100% vote requirement would be impractical as it would give any member absolute veto power.

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.

Peers recognize quality work of AGA Attorneys

Ansell Grimm March 22, 2016

Four AGA lawyers have been named to the 2016 New Jersey Super Lawyers list and two AGA lawyers have been named to the 2016 New Jersey Rising Stars List.*

The AGA 2016 Super Lawyers are:

Allison Ansell Ryan, a partner with the firm and Chair of the AGA Family Law Department, has been named as a Family Law Super Lawyer for the past decade.
Mitchell J. Ansell, a partner with the firm and Chair of the AGA Criminal Defense Department, has been named as a Super Lawyer in Criminal Defense for over a decade.
Robert A. Honecker, Jr., a partner with the firm and member of the Criminal Defense Department, has been named as a Criminal Defense Super Lawyer numerous times.
Mark M. Wiechnik, a partner with the firm and a member of AGA’s Community Association Practice Group, has previously been named a New Jersey Rising Star in Construction Litigation and this year has been named a Super Lawyer in the same practice area.

The AGA 2016 Rising Stars are:

Jay B. Feldman, an associate with the firm and a member of AGA’s Litigation and Bankruptcy Departments, has been a Rising Star in the Bankruptcy: Business practice area for two years.
Richard B. Linderman, a partner with the firm and a member of AGA’s Community Association Practice Group, has been named a Rising Star for the past seven years in the Real Estate practice area.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Michael V. Benedetto, Managing Partner of AGA, stated, “We are proud of our attorneys who achieved this honor from Super Lawyers. It is a special honor to have received the recognition from peers.”

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

For more information on AGA, please contact Michael V. Benedetto, Esquire at 732-643-5216 or via email at mvb@62q.f7d.myftpupload.com

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. Any reference to Super Lawyers or Rising Stars is not intended to suggest that our attorneys are superior to other attorneys.

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.

Patterson participating on panel for Hudson Valley CAI

Ansell Grimm March 2, 2016

Stacey Patterson, Counsel in Ansell Grimm & Aaron’s Community Association Practice group, will be a panel speaker at the Hudson Valley Chapter of Community Associations Institute’s Managers Lunch on March 16 at Cosimo’s On Union, New Windsor, New York.

David Spector, Senior Vice President with Extell Management Services Inc., a company that manages the most highly-valued residential building in New York City — One57, will be the special guest speaker.

The lunch will be held from 11:30 a.m. to 1:30 p.m. with the first half hour reserved for networking.

There is no charge for this event, however registration is limited to managers and HV-CAI sponsors only.

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

Ansell Grimm February 9, 2016

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

Ansell Grimm January 27, 2016

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

Community Association Law

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