Community Association Law — New Jersey

Alternative Dispute Resolution seminar offered

Richard B. Linderman, Esq. will provide an overview of the Alternative Dispute Resolution process at Community Associations Institute’s Feb. 3 seminar at The Glen at Masons Creek, Hainesport, NJ. Alternative Dispute Resolution is required for community associations in New Jersey, and this program will provide an overview of what mediation is and how it is generally run.

Community managers will receive 2 hours of Continuing Education Credit for participation in the seminar which runs from 9 a.m. to 11:30 a.m. and is preceded by a continental breakfast and registration period from 8:30 a.m. to 9 a.m.

Please note, to receive the continuing education credits managers must register for the program from their individual member profile. Registration for the seminar is available online at CAI’s website.

CAI offering cyber security seminars

Stacey Patterson, Esq. will be speaking on the topic of cyber security and its effects on the management and operation of community associations at Community Associations Institute seminars this month in Newburgh, N.Y. on January 25 and in White Plains, N.Y. on January 26.  Please visit the CAI website  for more details and to find out how you can register to learn more about this important topic.

AGA’s CAP Group at CAI-NJ Expo

CAP Group at CAI-NJ trade show 10.26
AGA's Community Association Practice Group is ready to share their knowledge at the CAI-NJ Conference and Expo at the Garden State Exposition Center, Somerset.

AGA’s Community Association Group at CAI-NJ Expo

Visit Ansell Grimm & Aaron’s Community Association Practice Group at the 2016 CAI-NJ Annual Conference & Expo, booth # 309 on Wednesday, October 26, 2016 at the Garden State Exhibit Center, Somerset. Attorneys from AGA will be on hand to answer questions regarding the Group’s legal services for homeowners associations, condominiums and cooperatives. If you wish to schedule a meeting, please contact David Byrne, Esq., Practice Group Chair at 609.557.1031 or djb@62q.f7d.myftpupload.com. To learn more about the event visit https://cainj.wildapricot.org/widget/event-2141216

Seminar to provide overview of dispute resolution process

In New Jersey, community associations are required to formally offer Alternative Dispute Resolution (ADR) to resolve housing related disputes among members (home owners) and/or the association itself. Ansell Grimm & Aaron PC’s Community Association Practice Group partner Richard B. Linderman, will present an educational program on ADR on Wednesday, Sept. 14from 3 p.m.-5 p.m. at Tir Na Nog, Cherry Hill.

The program, which will provide an overview of what mediation is and how it works in the ADR process, is sponsored by the Pennsylvania and Delaware Valley Chapter of Community Association Institute’s New Jersey Regional Council. Community association managers will receive two continuing education credits for taking part in the event which is being presented in conjunction with three Business Partner Roundtables.

For more information, or to register for the ADR seminar or the roundtables, please visit CAI’s New Jersey Regional Council page.

 

For more information on AGA’s Community Association Practice Group, contact, Richard B. Linderman, at 609-557-1032 or via email at rbl@62q.f7d.myftpupload.com.

 

CAP Group to exhibit at CAI-NJ’s Legislative Breakfast Sept. 14

David J. Byrne and Ansell Grimm & Aaron’s Community Association Practice Group, will exhibit at Community Association Institute of New Jersey’s Legislative Breakfast on Wednesday, Sept. 14 at Forsgate Country Club, Monroe. Key New Jersey opinion leaders and lawmakers, including state Department of Community Affairs Director Charles A. Richman, will discuss pending state legislative issues regarding New Jersey’s common interest communities. For additional information about the event, or CAI-NJ, visit their website  or contact them via email at info@cainj.org or by phone at 609.588.0030.

For more information about AGA’s CAP group, or to discuss legal needs for your homeowners association, condominium or cooperative, please contact David J. Byrne at 609.557.1031 or djb@62q.f7d.myftpupload.com.

Groundbreaking AGA Victory establishes that Insurance Carriers
Cover Subcontractor’s Defective Workmanship

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.

AGA attorneys take the field to support Make-A-Wish Foundation

Ansell Grimm & Aaron P.C. Community Association Practice Group attorneys Lysa Bergenfeld and Stacey Patterson teamed with Erika Berfumo from Certa Pro Painters, Valentine Valdman from Station Square, Ray Ambrosino and Brad Memoli from Garden State Securities, Caesar Mistretta from Hub International Insurance Brokers, and Bob Rogers and Dawn Ruggiero from First Service Residential at Community Association Institute’s 2nd Annual Olympics, at Thompson Park in Monroe. Proceeds from the July 20 event are donated to the Make-a-Wish Foundation which arranges experiences for children with life-threatening medical conditions.

For more information about AGA’s Community Association Practice Group, please contact Lysa Bergenfeld at 609-557-1034 or Stacey Patterson at 973-925-7343.

 

 

Majority Rules or Rule by Super Majority? It Depends…

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.

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 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.