Legal Concerns with Boards Imposing Fees on Unit Owners by Resolution

March 16th, 2019 | Community Association Law Blog

March 16, 2019 By Eric F. Frizzell, Esq. Sometimes community association boards want to impose various kinds of fees on unit owners. However, under New Jersey law, a board cannot charge a late fee, fine, working capital contribution, membership fee, sublet privilege fee, or flip tax (in cooperatives) unless expressly …Continue Reading

November 2018 – NJ court holds that unit owner’s insurance company could not subrogate against condominium association where by-laws contained waiver of subrogation provision

March 9th, 2019 | Community Association Law Blog

March 16, 2019 By Eric F. Frizzell, Esq. On November 5, 2018, a New Jersey court held that an insurance company that paid $222,173.84 to its insured, an individual condominium unit owner whose unit was damaged by a fire in a neighboring unit, could not pursue a subrogation claim against …Continue Reading

Free speech rights in community association elections – distributing campaign materials in your community

March 9th, 2019 | Community Association Law Blog

March 16, 2019 By Eric F. Frizzell, Esq. Annual elections in community associations can sometimes become quite heated. Disagreements may arise regarding the extent to which a Board can restrict candidates from campaigning in the community. In the case of Dublirer v. 2000 Linwood Avenue Owners, Inc., 220 N.J. 71 …Continue Reading