ASBURY PARK, NJ – Join Ansell Grimm & Aaron Community Association Practice at L.E.A.D.S. 2019 Booth 27, in the Asbury Park Convention Hall for a daylong event connecting community association managers, board members, and others to share information and resources.
The following update from Ansell Grimm & Aaron’s Community Association Practice regarding “emotional support” animals may be of interest. On behalf of one of our clients, we secured a New Jersey Judge ruling that an alleged disabled resident, with an alleged emotional support animal, is not entitled to either proceed summarily or obtain early victory. Instead, the owner must show that the claim of an emotional support animal is not a pretext to avoid an association’s dog-related weight limit
‘Divide and Conquer’ – How community associations are mending divisions.
The Superior Court of New Jersey recently entered a $2M, verdict against Silver Fox, LLC, and in favor of Falcon Ridge Condominium Association, Inc. Falcon Ridge is a 27 building condominium situated in Hamburg New Jersey. Silver Fox, LLC, is the successor sponsor and developer of Falcon Ridge.
Falcon Ridge originally filed suit in December 2011, asserting a variety of claims, including negligence, breach of warranty and breach of implied warranty. Falcon Ridge’s expert, Mitchell Frumkin of KIPCON, Inc., estimated that Silver Fox’s negligence and breach of warranty caused $1,782,000.00, worth of damage to Falcon Ridge’s owners and residents. The parties attempted mediation, but the matter was not able to be settled amicably.
After a two-week, non-jury, trial, the Honorable Frank J. Deangelis ruled that Silver Fox had negligently constructed common elements. He ruled further that Silver Fox breached both implied and express warranties, in regards to Falcon Ridge’s buildings.
Mark Wiechnik, Chair of Ansell Grimm & Aaron’s Community Association Law Group’s Construction Defect Practice, oversaw the litigation since its onset, and personally represented Falcon Ridge at trial.
For questions concerning construction defects or any other litigation matters, please contact Mark Wiechnik, Esq. by email at mmw@62q.f7d.myftpupload.com.
Today Ansell Grimm & Aaron, P.C. (“AGA”) obtained not only a victory for their client, Cypress Point Condominium Association, but a clear victory for all condominium and homeowners associations in New Jersey. In a groundbreaking decision, the New Jersey Supreme Court (the “Court”) has confirmed that insurance policies held by developers and general contractors cover the faulty workmanship of subcontractors they hire. Specifically, the Court found that defective workmanship is an “occurrence” under commercial general liability policies, and that those policies specifically and unequivocally cover property damage caused by the faulty work of the subcontractors hired to actually perform the construction of the buildings.
AGA Community Association Group Partner Mark Wiechnik, appeared before the New Jersey Supreme Court in April 2016 to argue the case after the developer/general contractor’s insurers appealed a July 2015 decision by the New Jersey Appellate Division. At the Appellate level Wiechnik, and AGA Community Association Group Attorney Breanne DeRaps, successfully argued that, under a plain reading of the insurance policy in question, consequential damages to the common areas of the condominium complex and unit owners’ property caused by subcontractors’ defective work are “property damage” and an “occurrence” and that the trial court had erred in granting summary judgement in favor of the insurers.
This ruling gives New Jersey condominium associations and homeowners the means to recover damages from the sponsor, developer and/or general contractor, who typically have no assets to satisfy a judgment. For years, insurers have taken the position that exclusions in the policy for “your work” meant that the entire building, i.e. the “work” of the general contractor, was exempt from coverage. Carriers often refused to pay any damages even to associations and homeowners who were experiencing catastrophic leaks into their homes. That ends today.
If you have questions about the case, please contact Mark Weichnik at 609-228-5593 or mmw@62q.f7d.myftpupload.com.
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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people.
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.
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, 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.
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:
The AGA 2016 Rising Stars are:
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.
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!
