Mark M. Wiechnik, is a Shareholder and member of the Community Association Group of Stark & Stark, where he concentrates his practice on litigation involving condominiums, cooperatives and homeowners associations.  He represents community associations in litigation involving developer transition, alternative dispute resolution (ADR) and construction defects, including roofs, exterior cladding (EIFS) systems, balconies, concrete issues, foundations, parking facilities and windows.  He advises community associations, as well, in pre-litigation negotiations with respect to developer transitions and construction defects or problems. 

Mr. Wiechnik has experience representing associations, as both plaintiffs and defendants, in litigation arising from violations of the New Jersey Condominium Act and the Planned Real Estate Development Full Disclosure Act (PREDFDA), breaches of contract by association vendors and contractors, Municipal Services Act violations by municipalities, improper governing document amendments by developers, breach of fiduciary duty by developer-appointed trustees and violations of governing document provisions and restrictive covenants by unit owners.  He has obtained favorable results for a wide range of associations suffering from construction defects, water leaks and related damage.  For example, he helped a Bergen County condominium association secure $1.2 million from the developer and several contractors with respect to faulty roofing and windows, while defending related claims by a unit owner against the association. Mr. Wiechnik won a jury trial related to the improper installation of a landscape berm, which resulted in severe damage to a neighboring historical residence owned by his client.  Mr. Wiechnik also secured compliance for an over 55 community in which a unit owner had moved her school-age grandchild into the unit, potentially jeopardizing the association's over 55 status and benefits.  He was also instrumental in securing a favorable settlement for an Essex County home owners association that involved both settlement monies and future services provided under the Municipal Services Act.  Recently, Mr. Wiechnik was able to resolve a complex corporate dispute, involving claims of trade libel, defamation as well as claims against a shareholder of the corporation for breach of fiduciary duty.  

Mr. Wiechnik is a frequent writer in various trade magazines and is a contributor to the NJ Law Blog.  He has written articles on construction defects, insurance, corporate governance, municipal services and proposed legislation related to community associations and condominiums in New Jersey and across the nation.    

Mr. Wiechnik is a former law clerk to the Honorable Erminie L. Conley, Presiding Judge of the New Jersey Superior Court, Appellate Division (2002), as well as the Honorable Peter F. Boggia, J.S.C., Superior Court of New Jersey, Law Division, Bergen County (2001).

Mr. Wiechnik is presently the Treasurer of the Lester A. Drenk Behavioral Health Center Board of Directors.  The Drenk Center was founded by Judge Lester Drenk in 1954. As a judge who often dealt with juvenile delinquents, Judge Drenk saw a need in his community for counseling services to address the problems of juveniles and their families. The organization was founded as the Burlington County Guidance Center and was later renamed in honor of Judge Drenk.  Today, the Drenk Center is a private, non-profit organization with sites throughout New Jersey that offers a continuum of behavioral health services for both children and adults including prevention programs, emergency crisis intervention, outpatient therapy, psychiatric services, residential programs, and case management services.

Mr. Wiechnik is a frequent contributor to the New Jersey Law Blog. You can read his most recent blog post here.