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

Posted on January 26th, 2016

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@ansellgrimm.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.

Stacey Patterson a featured speaker for CAI of Hudson Valley at roundtable

Posted on January 22nd, 2016

On January 21, 2016, Stacey Patterson was a featured speaker at the Community Associations Institute of Hudson Valley’s Round Table Seminar in New Windsor NY. Ms. Patterson, among other Hudson Valley community association industry experts, answered questions from property managers, board members and owners. Participants were able to obtain continuing education credits for their attendance.

Ms. Patterson serves as counsel with the firm in the Community Association Practice Group of Ansell Grimm & Aaron PC. Ms. Patterson represents numerous condominium, HOA and co-ops in the Hudson Valley, New York region. Ms. Patterson currently works out of the firm’s Woodland Park, NJ and White Plains, NY offices.

Jessica Zolotorofe writes on role of franchises in retail centers

Posted on January 22nd, 2016

NJ Real Estate Attorney Jessica T. Zolotorofe

Jessica Zolotorofe lays out the pros and cons of leasing to franchisees for ShoppingCenterBusiness.com the retail industry real estate website of France Media.

Jessica, who works out of Ansell Grimm & Aaron’s Woodland Park Office, devotes her practice to the areas of real estate transactions, including buying, selling, leasing and financing commercial properties, as well as civil litigation matters. She is a member of the International Council of Shopping Centers and the National Association of Realtors.

Byrne a featured speaker at Hudson Valley Roundtable

Posted on January 11th, 2016

David J. Byrne, Esquire, Chair of the Ansell Grimm & Aaron Community Association Practice Group, will be among the industry experts available at the Community Associations Institute of Hudson Valley’s Round Table Seminar on Jan. 21. The roundtable, to be held at Homewood Suites at Newburgh-Stewart Airport, New Windsor NY, is an opportunity for community association managers and board members to get answers to any questions they may have regarding issues with their property. In addition to Byrne, Engineer Dave Chesky of the Falcon Group and CPA John Grady of Bogush & Grady will be among the experts available.

Participants in the roundtable can receive 2 CEU credits for taking part in the educational seminar, which runs from 5 to 7 p.m.

There is no fee to Register for the Round Table, however seating is limited. For additional information on the seminar, contact Brainerd Communications at 877-588-5010.

 

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

Posted on January 6th, 2016

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@ansellgrimm.com.

Linderman discusses intersection of residential and commercial uses with NJ Cooperator

Posted on December 18th, 2015

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@ansellgrimm.com.

AGA Attorney, Stacey R. Patterson shares her expertise in New York Times

Posted on December 11th, 2015

AGA Community Association Practice Group Counsel, Stacey R. Patterson has again been asked by the New York Times to share her knowledge and experience with their readers.

Much like commerce and entertainment, disputes with Co-Ops, Condominiums and Homeowner’s Associations are moving online. In the Sunday, November 8, 2015 edition of the New York Times, the growing role of social media in battles between residents and boards was examined. Seeking an expert opinion, the Times turned to Ansell Grimm & Aaron Community Association Practice group attorney Stacey R. Patterson to provide her experience with this issue.

You can read the full article and see Ms. Patterson’s comment here:

When Neighbors Tangle Online

Earlier this month, Ms. Patterson, responded to a question from a Montclair, New Jersey apartment resident, for the December 6,2015 edition of the weekly “Ask Real Estate,” column, published in the Sunday New York Times. Ms. Patterson addressed a landlord’s obligations to its tenants, under the warranty of habitability in the Garden State. Ms. Patterson advised that a New Jersey landlord must provide residents with functioning essential utilities (i.e. plumbing) at all times. Ms. Patterson provided various options for tenants who find themselves in a situation where a landlord is failing to make repairs in a timely manner.

For more than fifteen years, Ms. Patterson, has represented planned communities in both litigation and government transactional matters. She focuses her practices on general representation of cooperatives, condominiums and homeowners associations in New York and New Jersey.

To reach Ms. Patterson, call her directly at 973-925-7343 or via email at srp@ansellgrimm.com.

AGA Attorney Pam Mulligan to moderate at CLE event

Posted on December 4th, 2015

Ansell Grimm & Aaron Attorney Pamela A. Mulligan will be moderating the Bankruptcy 101 seminar at the Burlington County Bar Association’s CLE Xtravaganza on Tuesday, Dec. 15 at Doubletree Suites, Mt. Laurel, New Jersey.   Ms. Mulligan and the other speakers will review general bankruptcy principles, the Automatic Stay, Chapter 7 and Chapter 13 Bankruptcies, working with the Chapter 7 and Chapter 13 Trustees, Meeting of Creditors, Obtaining Discharge, Proof of Claims and much more.

There are five separate sessions available at the Xtravaganza, each under two hours. In addition to bankruptcy, there will be sessions touching on estate planning, ethics and jury selection, among other topics. Discounted registration fees are available to Burlington County Bar Association members

Please click on the attached link for more information about the seminar and to register – http://burlcobar.org/wp-content/uploads/2011/06/CLE-Xtravaganza-12-15-155.pdf

Feldman to share his expertise at NBI Foreclosure Seminar

Posted on November 30th, 2015

Jay B. Feldman, an associate with Ansell Grimm & Aaron, P.C. working in the fields of Bankruptcy, Creditor’s Rights and Litigation will be a featured speaker at the National Business Institute’s Dec. 8 seminar on Foreclosures and Loan Workout Procedures at the Holiday Inn, Princeton, 100 Independence Way. Mr. Feldman will be speaking about deeds in lieu of foreclosure, lender liability issues, and receivership.

To register for the seminar please visit the NBI website at: Bootcamp: Foreclosure and Loan Workout Procedures.  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. An audio CD and coursebook, or an on-demand audio recording of the seminar will be available for purchase for those who cannot attend.

This is a practical, basic-to-intermediate level course designed for:

  • Attorneys
  • Real Estate Professionals
  • Title Insurance Professionals
  • Lenders
  • Paralegals

 

Happy Thanksgiving

Posted on November 25th, 2015

Please be advised that the offices of Ansell Grimm & Aaron will be closed on Thursday, Nov. 26 and Friday, Nov. 27 in observance of the Thanksgiving Holiday. As always, should you need to contact one of our attorneys, they are available via email.

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