Municipal Services, Government Relations, Issues & Enforcement
Community associations are for the most part creatures of statute, and subject to government regulation and/or oversight. There are various protections available to those associations as well, along with statutes – like New Jersey’s Municipal Services Act (the “Kelly Bill”) – enacted to expand the universe of rights enjoyed by associations.
We know how and when to push back against the government and when to cooperate and coordinate with the government. We are aware of all protections and rights available to associations with respect to government regulations, relations and enforcement, and advocate for our clients so that each enjoy those protections and rights. We also understand New Jersey’s multiple dwelling laws, Title 39, the municipal land use laws of Pennsylvania and New Jersey, as well as the manner and legality of various state and local regulatory and/or enforcement efforts.
We have successfully litigated against and resolved (in courts and administratively) New Jersey Department of Community Affairs (“DCA”) five-year inspection penalties, violations and charges. We have negotiated many agreements with DCA by which our condominium clients are protected from inspection and/or violations related to the interior of units.
In connection with the Kelly Bill, we have had many well-known successes. This law obligates municipalities to either provide certain services to private communities, or reimburse those communities for those services. It also requires municipalities to make a private community’s roads public, in some instances. Among our attorneys’ accomplishments:
- Secured the Appellate Division’s reversal of a trial court’s refusal to apply the Act to an association in development [Briarglen II Condominium v. Township of Freehold, 330 N.J. Super. 345 (App. Div. 2000)].
- Secured the dedication of a private community’s roads and other rights via a landmark Supreme Court case [Ramapo River Reserve Homeowners Association, Inc. v. Borough of Oakland [183 N.J. 585 (2066)]
- Defeated Lakewood’s attempt to limit an association to recovery of only one year’s worth of municipal reimbursements and damages arising out of Lakewood’s violation of the Kelly Bill.
- Helped a prominent and historical private community in West Orange secure a favorable settlement of a lawsuit arising out of West Orange’s violation of the Kelly Bill.
- Represented a Poconos community in its successful attempt to secure the town’s ownership and maintenance of its roads
- Were victorious in the efforts of a Four Seasons association’s attempt to secure the dedication of its roads, while also maintaining its guard house, gate arm and its “controlled access”
- Negotiated favorable municipal services agreements, service protocols and/or lawsuits in Lopatcong, Manalapan, Mendham, Hackensack, Mahwah, Wayne, Edison, Basking Ridge, Atlantic City, Toms River, Princeton, Hamburg and many, many other towns across New Jersey.