Community Associations

The Stark & Stark Community Associations practice has been a recognized leader in the area of homeowner and condominium association law for the better part of two decades. With more than 100 attorneys firm-wide, we can service most any legal matter faced by associations in New Jersey and Pennsylvania, and are adept at providing associations of all sizes high quality, personalized legal service at cost-competitive rates.

Practice Services

We understand the every-day challenges faced by boards and their managers and work tirelessly to make sure their legal needs are addressed promptly and efficiently. We understand the issues, have the solutions and are here to help. Homeowner and condominium association clients and their property managers rely on Stark & Stark as their go-to legal counsel for all of their legal needs, including but not limited to:

  • Collecting delinquent assessments
  • Drafting
  • Developer/Sponsor transitions
  • Municipal Services Act Reimbursement
  • Construction defect litigation
  • Fair housing compliance
  • Creating and enforcing community rules and policies
  • Tax appeals
  • Guidance on board governance
  • Disposition of debtors in bankruptcy
  • Foreclosure of assessment liens
  • Rent receivership
  • Land use and zoning representation
  • Insurance coverage claims 

General Counsel to Board

Stark & Stark provides boards with guidance on the interpretation of their governing documents, and advises on how boards can amend these documents so that they continue to serve the needs of the community. We regularly provide education to existing and newly elected board members on their fiduciary responsibilities.

Collection Services

One of the most common services provided to our association clients is the collection of monies owed by delinquent property owners. Our attorneys utilize the most sophisticated services available to locate any and all available assets of community members who are delinquent in paying their monthly and special assessment fees. We offer many of our collection services at competitive flat fee rates, including asset and employment searches, lien preparation, collection notices to debtor, bank levies and wage execution. We understand that delinquent assessments have a direct impact on any community’s bottom line and are focused on providing swift and cost-effective solutions to reduce these liabilities.

Litigation Services

Attorneys from the Stark & Stark Community Associations Group regularly appear in courts throughout New Jersey and Pennsylvania on behalf of our association clients. We advocate in favor of their rights to collect past due assessments, foreclose on units, enforce the community’s governing documents, challenge insurance claim denials, acquire units through bankruptcy, appeal property tax assessments of individual units and common elements and litigate disagreements related to developer transition as well as construction defects. 

Construction Litigation

Stark & Stark has a proven track record of assisting associations in recovering the monies needed to repair the defective construction of their community. Over the past ten years we have recovered in excess of $65 million for homeowner and condominium associations to repair deficiencies including:

  • Exterior Insulation and Finishing Systems (EIFS)
  • Thin brick cladding
  • Roofs and wood siding
  • Fire suppression systems
  • Structural failures
  • Filigree slab systems
  • HVAC and other mechanical systems
  • Sanitary sewers
  • Sea walls

Along with our unparalleled reputation for excellence in this area of law, we are unique in our ability to offer our construction litigation services to associations on a contingency fee basis. We understand the financial burden this type of complex litigation can place on a community and have developed a program that allows any of our associations to fight back against even the largest of developers.

Board Transitions

The transition from developer control of the board to owner control is a process that can take many months and possibly years to complete. Stark & Stark is able to advise on every step of this process so that the transition is completed as smoothly as possible and the rights and needs of the owners in the community are protected and preserved. We regularly advise boards on how to motivate the developer to finalize the transition of control, as well as how to handle the complexities involved with municipal, performance and work bonds. Construction litigation attorneys are available to review any engineer or other professional reports so the association’s future claims are preserved.

Insurance Coverage

Stark & Stark has several attorneys who focus their practice on pursing insurance coverage claims on behalf of community associations and challenging substantially reduced offers, as well as outright denials of coverage. We have assembled a seasoned team of claims adjusters, rebuild cost estimators and building system engineers responsible for accurately assessing common element damage and reviewing available coverage. We have the knowledge, experience and skills necessary to enable our association clients to challenge their insurance companies and force them to pay the full amount the association is entitled to recover under all available insurance policies.

Industry Leadership

Stark & Stark is a recognized leader in the community association industry and has been for over 20 years providing seminars on a wide variety of topics important to community association managers that have been approved by the Community Association Managers International Certification Board (CAMICB) to fulfill continuing education requirements for the CMCA® certification. Please contact us if you would like our team to host one or more of our approved seminars for you or your managers.