FUNDAMENTALS OF COMMUNITY ASSOCIATION LAW

Similar documents
CONDOMINIUM FORECLOSURE

CCI South Alberta: March 28, 2019 Luncheon Presentation Stage 2- Condo Legislative Updates: Governance Issues P a g e 1

LISTING OF RESIDENTIAL VACANT LAND EXCLUSIVE RIGHT AND AUTHORITY TO SELL CONTRACT

Raymond B. Via, Jr Wisconsin Avenue Suite 700W Bethesda, MD Phone: Fax:

The Condominium Buyers Handbook

federal register Department of Housing and Urban Development Part V Tuesday December 22, 1998

2012 Kentucky Legislative Session Review

How to find the law? Federal regulations. Kelly G. Richardson, Esq., CCAL. State: FHA/FNMA/HUD Condominium underwriting guidelines

SYLLABUS CONDOMINIUM AND COMMUNITY DEVELOPMENT LAW. Fall Semester, credit course (with 12-page minimum writing component)

APPENDIX 10. INFORMATION COMPILATION CHECKLIST FOR PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGISTRATION INTRODUCTION

Asset Management Notice Issued: June 30, 2011

HOUSING AUTHORITY OF THE BOROUGH OF CLEMENTON INDEPENDENT PUBLIC AUDITOR

Piazza & Associates, Inc.

BNT Escrow Services, LLC

Exemption Application Instructions

Purchase Application For the Sale of a Cooperative Apartment

Real Estate 63-Hour Sales Associate Pre-Licensing Course. Topics Covered & Learning Objectives

Nevada Required Resale Documents Providence Master Homeowners Association

For further information about this report, contact Fred Brousseau at the Budget and Legislative Analyst s Office.

MHI and/or NCC offer no warranty, either express or implied, that adopting these policies will shield you from a claim under the Fair Housing Act.

CHAPTER 106. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

HOUSING FOR OLDER PERSONS APPLICATION FOR EXEMPTION OF EDUCATIONAL SYSTEM IMPACT FEES

Office of the Ombudsman for Owners In Common-Interest Communities and Condominium Hotels


Animals and the Fair Housing Act

MUNICIPAL PILOT AGREEMENTS IN NEW JERSEY

CONDOMINIUM GOVERNANCE FORM

Association Management, Inc.

PROJECT-BASED ASSISTANCE HOUSING CHOICE VOUCHER PROGRAM HOUSING ASSISTANCE PAYMENTS CONTRACT EXISTING HOUSING

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE BILL 445 PROPOSED SENATE COMMITTEE SUBSTITUTE H445-PCS10383-RNf-21

CONDOMINIUM DISCLOSURE STATEMENT FOR CROSSWATER CONDOMINIUMS

THE CONDOMINIUM ACT REVIEW:

EXHIBIT A

PROPERTY MANAGEMENT AGREEMENT (Single-Unit)

House Select Committee on Homeowners Associations Summary of Committee Proceedings and Proposed Findings. Committee Proceedings

SYLLABUS. Law REAL ESTATE TRANSACTIONS AND LITIGATION. II. REAL ESTATE BROKERS AND SALES AGENTS (August 27; September 3)

as Buyer(s) ("Buyer"), and

Retail and Shopping Center Acquisitions: Negotiating the Purchase and Sales Agreement, Conducting Legal Due Diligence

Chapter 5: AFFORDABLE HOUSING PROGRAMS

Reference: SO/SRR/DW Approved: 4/4/17. Shared Ownership Staircasing Reverse Staircasing, and Remortgaging. Author: Deborah White Approved by:

Table of Contents. I. Scope [ 1.1] II. Introduction [ 1.2] A. In General [ 1.3] B. Statutes [ 1.4]

Commercial Sublease Application

Property address: Target Move-In date: / / Resident: Cell Phone : ( ) - Social Security # : - - Date of Birth ; / /

Thank you for asking for Weichert Realtors to assist in your search for a rental home! We are delighted to assist you!

State of Rhode Island: Frequently Asked Questions Presented and Submitted by Stephen Marcus, Marcus, Errico, Emmer & Brooks, PC January 1, 2011

Multifamily Hub Directors Issued: July 25, 2013 Multifamily Program Center Directors

Broadstone Asset Management, LLC

Stock Purchase Agreement Commentary

Villages of Moa`e Kū Phase III PAHIKA STREET, EWA BEACH, HAWAII TELEPHONE (808) FAX (808) TDD (877)

Michigan has been blessed with the Great Lakes which

FROM: Russell T. Davis (Signed by Tom Hannah) for Administrator Housing and Community Facilities Programs

EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL, EXCHANGE OR LEASE BROKERAGE LISTING AGREEMENT (ER)

Education & Training Plan Real Estate Law Professional Certificate Program with Externship

THE HOA INFORMATION AND RESOURCE CENTER

(the Buyer ), offers for the Property the following amount in United States funds

Medina County Fair Housing Consortium Housing Discrimination Information Form

RENTAL APPLICATION. First Middle Last

Memorandum of Understanding

Single Family Rental and Inspection Program Update. Code Compliance Services Office of Equity and Human Rights

Fair Housing Online Distance Learning

LEGAL ISSUES IN REAL ESTATE

201 South Lakeline Blvd, Ste 804, Cedar Park, TX Office * Fax: Online Applicant Qualifying Criteria Page 1 of 6

Condo and HOA Board Members The Basics What New Board Members Need to Know

MULLER.S LOFTS 625 Ryan Street, Suite 22 Lake Charles, LA Ofc ; Fax

Chapter 58 - HUMAN RELATIONS

For operating a community association, the general hierarchy of authority among governing documents consists of:

LIST OF PRACTICE AREAS

Opening Doors that Finance Fair Housing

8--Sex Offenders and Criminals: Can They Be Banned by a Community?

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009

RPM HOUSTON. LEASING GUIDELINES and CHECKLIST

How Special Districts and HOAs Interact

PART 2.7 DEPARTMENT OF GOVERNMENT SERVICES REAL ESTATE REGULATION

(the Buyer ), offers for the Property the following amount in United States funds

NJ CDBG-Disaster Recovery Program (HURRICANE IRENE) Handbook. Section V Civil Rights

Understanding Mississippi Property Taxes

JERSEY SHORE MULTIPLE LISTING SERVICE EXCLUSIVE AGENCY LISTING AGREEMENT

Rental Policies and Procedures

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED APRIL 28, 2014

City of Gainesville Community Development Department Housing Division

CONDOMINIUM GOVERNANCE FORM

Florida Department of State, Division of Library and Information Services LIBRARY COOPERATIVE GRANT AGREEMENT

IMPLEMENTATION MANUAL ARIZONA COMMUNITY ASSOCIATION LEGISLATIVE CHANGES

RENTAL APPLICATION GUIDELINES TYL REALTY, LLC

Housing and Supportive Services Request for Proposals (RFP) Ohio s COMMUNITY TRANSITION PROGRAM

24645 Irving Rd. Humboldt, KS AUCTION: Saturday, October 10:00 AM

[This entire document will be deleted and replaced with the new agreement base]

Real Estate Lawyers: What you need to know about condominium and common element warranty coverage

James H. Hazlewood, Carpenter, Hazlewood, Delgado & Wood, PLC Member, College of Community Association Lawyers

FAIR HOUSING AND REASONABLE ACCOMMODATION

South Carolina General Assembly 119th Session,

Licensee Relationships. Course Goals. Who s Your Client? Duties to Clients 9/7/2011

Before Judges Fuentes, Koblitz and Suter. On appeal from Superior Court of New Jersey, Chancery Division, Bergen County, Docket No. C

OUTLINE OF LEGAL REQUIREMENTS FOR COMMON INTEREST ASSOCIATION TRANSITIONS

Purchase of City-Owned Property Application * Department of Housing and Community Development Land Resources Division

PROPOSED AMENDMENTS TO THE STRATA TITLE LAW DIFC LAW NO 5. OF 2007 AND REGULATIONS

CONDOMINIUM PROJECT APPROVAL CHECKLIST. Project Name: Project Address: City: State: Zip Code: Name: Phone Number: Address: City: State:

Woodbridge Home Improvement Program PROGRAM INFORMATION HANDOUT

Broker. Opening a Real Estate Office. Chapter 2. Copyright Gold Coast Schools 1

PROPERTY MANAGEMENT AGREEMENT

Transcription:

c FUNDAMENTALS OF COMMUNITY ASSOCIATION LAW Moderator/Speaker Christine F. Li, Esq. Greenbaum, Rowe, Smith & Davis LLP (Woodbridge, Roseland) Speakers Paul Leodori, Esq. Law Offices of Paul Leodori, P.C. (Medford) Francis J. McGovern, Jr., Esq. McGovern Legal Services, LLC (North Brunswick, Jersey City, Brick, Brigantine) Caroline Record, Esq. Hill Wallack, LLP (Morristown) Audrey D. Wisotsky, Esq. Pepper Hamilton LLP (Princeton) In cooperation with the New Jersey State Bar Association Real Property, Trust and Estate Law Section and the New Jersey Chapter of the Community Associations Institute (CAI-NJ) S064.15

2015 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520.

Table of Contents Page Fundamentals of Community Association Law Audrey D. Wisotsky, Esq. 1 An Overview of the Statutory and Regulatory Framework 1 Forms of Ownership/Enabling Legislation 1 Disclosure Laws 1 Other Applicable Laws and/or Regulatory Schemes 1 Formation of the Community Governing Documents 3 Condominium Formation 3 Fee-Simple Communities With Homeowners Associations (Single Family Homes/Townhomes (Non-Condominium)) 6 Cooperative Formation 8 Project Registration With the New Jersey Department of Community Affairs ( DCA ) 10 Residential Planned Real Estate Developments Located in New Jersey Are Subject to the Planned Real Estate Development Full Disclosure Act 10 Remedies Under PREDFDA 13 Municipal Services Act ( MSA ) 14 Background 14 Qualified Private Communities Covered by MSA 15 Municipalities May Either Provide the Service in the Same Fashion as the Municipality Provides the Services on Public Roads and Streets or Reimburse the Community 15 Services Covered 15 Fair Housing Act 16 Prohibits Discrimination on the Basis of Race, Color, Religion, Sex, National Origin, Familial Status and Disability 16 New Jersey Law Against Discrimination Provides Broader Protections 16 Housing for Older Persons Act of 1995 (HOPA) 16 Hotel and Multiple Dwelling Law 17 5 Year Inspections 17 Affordable Housing Regulations 23 Association Governing Documents Should Set Forth the Background and Reference the Applicable Municipal Affordable Housing Agreement 23 Market Unit vs. Affordable Unit Conflicts 23 The Community Association and Its Governing Board Paul Leodori, Esq. 25 The New Jersey Nonprofit Corporation Act 25 The Interrelationship Between and Among Community Association Board Members and the Association 27 The Fiduciary Relationship 27 The Business Judgment Rule 29 Breach of Fiduciary Duty 36

Rules of the Road For Board Members 38 Rules of the Road For Members 53 Maintaining the Sanctity of Elections 58 Transition of Control from the Sponsor to the Unit Owners 66 Powers and Duties of the Association Frances J. McGovern, Jr. 71 Association Duties and Powers 71 Association/Board Member Duties 71 Association Power 72 Governing Documents 72 Rules and Regulations and Amending Governing Documents 73 Reasons for Rules and Regulations 73 Sources of Rules and Regulations 75 Notice of Rules and Regulations 76 Exceptions to Rules and Regulations 78 Amendments 79 Violations and Enforcement 80 Alternative Dispute Resolution 80 If ADR Does Not Resolve the Issue 83 Fiduciary Duty to Enforce 83 Reasonableness in Application 84 Failure to Enforce 84 Attorney Fees for Enforcement of Rules and Regulations 84 Delinquencies and Collections 85 Fundamentals of Community Association Law Caroline Record 89 Financial Guidance 89 Budget 89 Accounts 89 Audit 89 Sale/Purchase of Units 90 Litigation 90 Budget and Reserves 90 FHA/FNMA Approval 90 Age-Restricted Communities 90 Estoppel Certificates 91 Rental Restrictions 91 Home Inspection Issues 91 Professionals 92 Managing Agent 92 Attorney 92 Accountant 92 Engineer 92 Insurance Broker 93 Attachments Budget of Revenues and Expenses - January 1, 2015 Through December 31, 2015) 95

Condominium Association, Inc. Monthly Financial Statements July 31, 2012 97 Sample Condominium Association, Inc. Financial Statements and Supplementary Information December 31, 20XX 111 Project Certification 131 Condominium Approval Cover Letter/Document 133 Condominium Project Approval Checklist 135 Survey of Age Verification 141 Fax re: Payoff Statement 142 Senate, No. 1367 143 RPC 1.13 Organization as the Client 155 Indemnification Under the Fair Debt Collection Practice Act 157 About the Panelists 159