Author: Mary W. Barrett
Community Association Reporting Requirements Under the Corporate Transparency Act
Posted in Community Associations
On January 1, 2024, the Corporate Transparency Act (the “CTA”) became effective. The main goal of the CTA is to combat financial crimes by enhancing transparency in the ownership and control of corporations. The CTA will be administered by the Financial Crimes Enforcement Network which is part of the Treasury… Continue reading
What Are the Different Types of Community Association Meetings?
Posted in Community Associations
What are the different types of association meetings? How do you know what type of meeting to have? Community associations have board meetings and member meetings; knowing the difference and scheduling the right meeting is critical. Board Meetings for Community Associations At board meetings, the board of trustees conducts its… Continue reading
Five Steps to Successful Trustee Elections
Posted in Community Associations
Step One – Start Early. The time to start working on your next election is the day after your last election. Make notes for next year. What worked well? What could be done better? Clearly note the new (and existing) trustee terms in the minutes. Too often trustee terms get… Continue reading
Pools (and Some Other Amenities) are Opening in New Jersey! Should You Open Yours?
Posted in Community Associations
Governor Murphy has now announced that community association pools may open in New Jersey on June 22. If you didn’t hear that announcement, you probably did hear the collective cheers from Cape May to Mahwah. But, just because pools and some other amenities may open, you must ask: should you… Continue reading
Radburn Law Regulations
Posted in Community Associations
Effective May 18, 2020, proposed regulations to PREDFDA were adopted and published by the New Jersey Department of Community Affairs, Division of Codes and Standards (DCA). A Brief History In July 2017, several amendments to PREDFDA (N.J.S.A.45:22A-43) were signed into law becoming known as the “Radburn Election Law” (P.L.2017, c…. Continue reading
Validity of Debts May Be Disputed by Oral Communication: Third Circuit Rejects Requirement of a Writing to Dispute Consumer Debt Under the Fair Debt Collections Practices Act
Posted in Community Associations
On March 30, 2020, the U.S. Court of Appeals Third Circuit issued an important decision in the case of Riccio v. Sentry Credit, Inc., approving oral communication as a method to dispute the validity of a debt. This decision overruled Graziano v. Harrison 950 F.2d 107 (3d Cir. 1991), a… Continue reading
Important Changes to Community Association Lien Priority
Posted in Community Associations
On April 29, 2019, an important bill for community associations was signed into law by Governor Murphy. This bill, A5002/S3414, extends the lien priority for condominium associations and creates the same lien priority for homeowners associations.
Should Your Community Association Operate its Pool Without Lifeguards? Guidance for Specially Exempt Facilities
Posted in Community Associations
Interest in the specially exempt status of community association pools has increased. This interest has been fueled by community association board members hoping to offset substantial costs incurred for COVID ambassadors and cleaning staff. As specially exempt public recreational bathing facilities, community associations may legally choose to operate their pools… Continue reading
Recent Changes to New Jersey’s Public Recreational Bathing Facility Code Will Impact All Community Associations
Posted in Community Associations
The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1, et seq., (“Bathing Code”), has changed as of January 16, 2018 and all pools in community associations with three or more dwelling units will be impacted. Some of these changes are minor and most community associations will have no difficulty… Continue reading
A Board of Trustees May Now Amend the By-Laws Without a Vote of the Unit Owners
Posted in Community Associations
On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). PREDFDA governs homeowners associations, condominium associations, and co-ops. The new PREDFDA provisions apply to trustee elections and certain by-laws amendment procedures. They also permit an association’s board of… Continue reading