Katz to Speak at CAI New Jersey Regional Council Legal & Legislative Update in Cherry Hill

Posted by on Sep 6, 2018 in CAI, Legal Decisions, Speaking Engagements, Uncategorized

Jonathan H. Katz, Esq., a partner in Hill Wallack’s Community Associations Practice Group, will be speaking at this year’s CAI-PA/Del Val – New Jersey Regional Council 2018 Legal & Legislative Update.

Join CAI as we review legislation and regulations that became law in the past year and will provide an update on legislation pending in the current legislative session in Trenton. We will also review relevant case law decided in the past year, including cases involving transition, dispute resolution, and collection issues. Then join us for a Happy Hour immediately following the program.

Thursday, September 13, 2018
3:00 pm – 5:00 pm – Program
5:00 pm – 7:00 pm – Happy Hour

P.J. Whelihan’s Pub + Restaurant 
1854 Marlton Pike East
Cherry Hill, NJ  08034

This Course is approved by the Community Association Managers International Certification Board (CAMICB) to fulfill continuing education requirements for the CMCA® certification. This course will earn managers two (2) continuing education credits, which also help satisfy the requirements to apply for the PCAM designation.

Happy hour is included with your registration! Enjoy appetizers and drink tickets following the program.

For more information or to register, click here.

 

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Just the Facts, Ma’am: Community Association Fact Book – 2017 Edition

Posted by on Aug 21, 2018 in CAI

From the Foundation for Community Association Research (and our friend, Clifford J. Treese, CIRMS), the Community Association Fact Book was developed to support the Foundation’s mission of providing research-based information to all community association stakeholders – homeowners, board members, management professionals as well as attorneys, accountants, developers, mortgage lenders, federal agencies, public officials and others – all who work with the Foundation and the Community Associations Institute to build better communities.

Here are some of the statistical highlights:

  • As of 2017, there were approximately 344,500 community associations in the United States, which means that approximately 22-24% of the U.S. population lives in an association.
  • Of those 344,500 community associations, about 54-60% are homeowners associations, 38-42% are condominium associations, and 2-4% are cooperatives.
  • Approximately 70 million people live in a community association in the United States.
  • By comparison, in 1970, there were only 10,000 community associations (housing approximately 2.1 million residents).
  • The states with the most community associations in 2017 were: (1) Florida (48,000 associations) and (2) California (45,900 associations). Texas remains a distant third (20,000 associations), followed by Illinois (18,650 associations), North Carolina (13,950 associations), and New York (13,850 associations).
  • New Jersey is 17th with 6,850 associations and Pennsylvania is 18th with 6,800 associations.
  • Seven (7) states still have fewer than 1,000 associations: Alaska, Arkansas, Mississippi, North Dakota, South Dakota, West Virginia and Wyoming.
  • There were approximately 2,380,000 community association board and committee members in 2017, who collectively performed approximately 80,500,000 hours of service for their associations (the estimated value of that volunteer time totals $1.98 billion).
  • There were approximately 50,000-55,000 community association managers and between 7,000-8,000 community association management companies in 2017.
  • It is estimated that between 30-40% of all associations nationally are self-managed, meaning they do not employ a professional manager or management company for day-to-day services.
  • Approximately $90 billion in assessments was collected from community association homeowners in 2017, and $25 billion was spent from accumulated reserve funds for the repair, replacement and enhancement of common property.

You can find the 2017 Community Association Fact Book (as well as the 2015 and 2016 versions) by clicking here.

To view the New Jersey State Summary, click here. For the Pennsylvania State Summary, click here.

Thanks again to Cliff Treese and the Foundation for their hard work on the Fact Book this and every year.

For more information on this or any other issue concerning your community association, please contact one of our Community Associations attorneys. For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw.

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Hill Wallack’s Community Associations Practice Group Is CAMICB Approved to Provide Continuing Education Courses

Posted by on Aug 14, 2018 in Uncategorized

Hill Wallack‘s Community Associations Practice Group is proud to announce that it has been approved by the Community Association Managers International Certification Board (CAMICB) to provide continuing education courses and offer manager continuing education (CE) credits

CAMICB administers the Certified Manager of Community Associations (CMCA®) and is the professional accreditation body for more than 16,000 community association managers worldwide.

Hill Wallack has been approved to provide one (1) CE credit for each of the following courses:

  1.  What You Should Know About the Radburn Legislation
  2.  What You Should Know About Community Association Collections
  3.  Community Associations & Joint Employer Liability
  4.  Community Associations – Civility in the Workplace

If you are interested in participating in or hosting a CAMICB approved course, please contact Jonathan Katz at jkatz@hillwallack.com.

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Classic Condo Cases: Siddons v. Cook and Country Place Condominium Association – The Duty to Warn

Posted by on Aug 7, 2018 in Classic Condo Cases, Legal Decisions, Safety

By Jonathan H. Katz, Esq.

Hill Wallack LLP’s “Classic Condo Cases” is a continuing series in which we look back at precedential Court opinions and discuss why each decision is important for community associations throughout New Jersey.

Siddons v. Cook and Country Place Condominium Association, 382 N.J. Super. 1 (App. Div. 2005).

Quick Take: Community associations have a duty to warn owners of potential, recurring conditions/deficiencies that are known to the association and may cause damage, even if those conditions/deficiencies are solely within a unit/home and not part of the common elements.

Just the Facts: Sandra Siddons owned a downstairs condominium unit; David and Wendy Cook owned the unit directly above Siddons. Both units were part of the Country Place Condominium Association (the “Association”), located in Egg Harbor, NJ. Siddons sued the Cooks and the Association after her unit suffered water damage in excess of $25,000 as a result of a broken dishwasher hose in the Cooks’ unit. The Association was aware that dishwasher hoses in other condominium units (three, to be exact) had previously cracked/broken; however, since those hoses were the unit owner’s responsibility, the Association took the position that it had no responsibility to take any affirmative action to notify the other owners.

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Condo FAQs: Tort Immunity

Posted by on Jul 17, 2018 in Condo FAQs, Legal Decisions, Legislation

By Jonathan H. Katz, Esq.

Hill Wallack LLP’s Condo FAQs is a continuing series in which we answer frequently asked questions (FAQs) pertaining to condominiums, cooperatives and homeowners associations. These FAQs relate to various issues that include interpretation of governing documents, board meetings, suspension of privileges, collections, or bankruptcy and foreclosure.

Question:  We have been told that our association may not be responsible or liable for personal injuries or damages when someone slips and falls. Is that correct?

Answer:  If your by-laws contain a provision providing for tort immunity, the answer may be yes. New Jersey has a tort immunity statute that allows associations to shield themselves from liability for certain types of injuries caused to unit owners due to the association’s negligence. This immunity is applicable as long as the association has certain language in their by-laws or takes the proper steps to amend their by-laws.

Specifically, N.J.S.A. 2A:62A-13 provides:

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CAMICB Releases White Paper on CMCA® Standards of Professional Conduct

Posted by on Jul 2, 2018 in CAI, Confidentiality & Ethics

By Jonathan H. Katz, Esq.

Community Association Managers International Certification Board (“CAMICB”) recently published a white paper detailing the Standards of Professional Conduct for Certified Managers of Community Associations (CMCAs®) and clarifying the procedures that allow complaints to be brought against CMCAs.

These Standards of Professional Conduct, which can be found at www.camicb.org/standards, include being knowledgeable about laws and regulations applicable to community associations and  management, complying with association governing documents, policies, and procedures, assisting boards in carrying out fiduciary responsibilities, and participating in continuing education. A violation of any of these Standards of Professional Conduct may be grounds for administrative action and possible revocation of the CMCA® certification by CAMICB.

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Update to the Update: New Jersey Department of Health Issues UPDATED Public Recreational Bathing FAQ

Posted by on Apr 12, 2018 in Legislation, Safety

“It’s deja-vu all over again.”

To clarify the questions raised by it’s original FAQ (“Frequently Asked Questions”), the New Jersey Department of Health has issued an Updated FAQ regarding the new rules and regulations with regard to the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26. The Updated FAQ clarifies the new lifeguard requirements specifically with respect to “specially exempt” facilities (see picture above).

You can review the UPDATED Department of Health’s FAQ by clicking here.

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