CAI-NJ CALL TO ACTION: Zombie Foreclosure Legislation is Scheduled for a Vote on Thursday, January 4, 2018!

Posted by on Jan 3, 2018 in Foreclosure, Legislation, Uncategorized

 

 

CAI-NJ’s Legislative Action Committee has issued a call to action for all New Jersey community associations.

 

Assembly Bill No. 3823 is scheduled for a vote before the New Jersey General Assembly on Thursday, January 4, 2018. This proposed legislation seeks to amend the law, which currently allows for an expedited mortgage foreclosure process (although not mandatory) for vacant and abandoned (“zombie”) properties. Specifically, this legislation proposes to allow community associations to either: (1) compel payment of association fees by the mortgage lender when the lender fails to proceed with the foreclosure process on a vacant and abandoned property in an expedited fashion; or (2) compel the appointment of a fiscal agent (receiver) over the abandoned property.

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CAI Webinar: New Federal Rules on Mortgage Closings, New Changes for Community Associations

Posted by on Aug 28, 2015 in CAI, Foreclosure, Legislation, Speaking Engagements

The U.S. Consumer Financial Protection Bureau’s “Know Before You Owe” mortgage closing rule becomes effective on October 3, 2015. The new federal rule sets in motion sweeping changes to the disclosures borrowers receive about their mortgage loans and closing costs when buying or refinancing a home. After October 3rd, community associations and their managing agents will be required to provide very specific and accurate information earlier in the process.

In order to prepare you for these changes, Ronald L. Perl, Esq., the partner-in-charge of Hill Wallack LLP’s Community Associations Group, will be participating in a Live Webinar on Wednesday, September 2, 2015, from 2:00 p.m. to 3:00 p.m. Joining Ron will be Dawn Bauman, CAE,  senior vice president of government and public affairs for Community Associations Institute (CAI) and C. Scott Canady of Tambala Strategy.

Earn Continuing Education Credit and learn about these important, new requirements and ask questions to help incorporate these new rules into your association’s everyday practice.

For more information and to register to attend this Webinar, click here.

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Join Us at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015!

Posted by on Apr 26, 2015 in Alternative Dispute Resolution, Architectural Controls, Assessments, Board Meetings, Books and Records, Collections, Contracts, DCA, Disability Accommodations, Fair Housing, FDCPA, FHA, First Amendment Rights, Foreclosure, Municipal Services Act, New Jersey Cooperator

Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey.

Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team at Booth 600.

For more information or to register to attend, click here!

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Foreclosure Relief: New Law Mandates Mortgage Lenders Must Maintain Abandoned and Vacated Properties During the Foreclosure Process

Posted by on Jun 2, 2014 in Foreclosure, Legislation

By Jonathan H. Katz, Esq.

In a move that may provide some relief for New Jersey’s community associations dealing with vacant and abandoned units, on May 15, 2014, New Jersey Governor Chris Christie signed into law P.L. 2014, Ch. 5 (A-347/S-288), which requires mortgage lenders pursuing residential foreclosures to provide notice to the municipality of the action and to maintain certain abandoned or vacated properties, including those properties in condominiums and homeowners associations.

The law requires that, if a residential property becomes vacant at any time after the mortgage lender files a foreclosure complaint, including matters that are currently pending as of the law’s enactment, the lender must rectify any code violations upon notice from the municipality. The law also authorizes municipalities to impose penalties on mortgage lenders who fail to timely remedy code violations for these properties within a certain time frame. The new law takes effect on July 14, 2014.

You can read the full text of this legislation here.

For more information on this legislation 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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Join Us at the 2014 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 7th

Posted by on May 6, 2014 in Alternative Dispute Resolution, Architectural Controls, Board Meetings, Books and Records, Collections, Contracts, DCA, Disability Accommodations, Fair Housing, FHA, First Amendment Rights, Foreclosure, Insurance, Lease/Rental Restrictions, Legal Decisions, Legislation, Municipal Services Act, New Jersey Cooperator, Speaking Engagements

BoothLogo (03361700)Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2014 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 7, 2013, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey. Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team.

Hill Wallack LLP Partner Caroline Record, Esq. is among the featured panelists of experts at the Educational Seminar titled “Breaking Bad – The Insiders Guide to By-Laws & Rules.” This seminar will discuss how by-laws and rules are the keys to maintaining a harmonious community, provided that they are reasonable and properly enforced. The panel will discuss the keys to drafting, enacting and enforcing by-laws and house rules. Topics to be explored include when to change by-laws/rules; the proper and legal method of changing them; the role of your association’s attorney; how your governing documents affect by-laws/rules, and much more.

For more information or to register to attend, click here!

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The Dirty Truth about Rent Receivers: Woodlake at King’s Grant Condominium Association, Inc. v. Coudriet

Posted by on Apr 7, 2014 in Collections, FDCPA, Foreclosure, Legal Decisions

By Jonathan H. Katz, Esq.

In Jerry Maguire, Tom Cruise plays a sports agent who writes a mission statement about perceived dishonesty in the sports management business – “The Things We Think and Do Not Say: The Future of Our Business.” This is my mission statement, Bob Sugar.

Since the mortgage crisis began in the late 2000s, some community associations were (and still are) dealing with the fallout of extraordinary delinquencies, mortgage lenders who either cannot or refuse to pursue foreclosure actions, and, in some cases, units that are so “under water” that owners have literally walked away and abandoned their units. In response to these delinquencies, law firms that represent community associations, including Hill Wallack LLP, have attempted to find creative solutions to collect these past due common expense assessments. One such solution is to request that the Court appoint a rent receiver to take over control of an abandoned unit, rent it out, and use the proceeds to pay down the outstanding arrears due to the Association.

That seems like a workable solution to a problem, right? Why should a unit sit vacant for months or even years waiting for the mortgage lender to complete a foreclosure when the unit can be used to satisfy the outstanding and ongoing common expeense assessments for that unit?

We are going to let you in on a dirty secret: rent receivers in community associations are a work of judicial fiction.

What does that mean, you ask? Put simply, unlike most traditional mortgage instruments, which specifically allow for the appointment of a rent receiver, the vast majority of community associations are granted no such authority and no such right.

So to the extent that your association is currently benefiting from rental payments as the result of a rent receiver application granted by the Court, as many of Hill Wallack’s association clients are, that is due solely to the discretion of a Judge and, most likely, the persuasive argument of community association counsel.

The Appellate Division makes that fact abundantly clear in a recent case denying the appointment of a rent receiver. In Woodlake at King’s Grant Condominium Association, Inc. v. Coudriet, the Association’s request to appoint a rent receiver was denied by the Trial Court. The Association appealed, and the Appellate Division agreed with the Trial Court that the Association failed to demonstrate any entitlement to the appointment of a rent receiver. Moreover, both the Trial Court and the Appellate Division were quick to point out that the Association’s counsel neglected to put the mortgage lender on notice of the rent receiver application, which would have afforded the lender the opportunity to be heard.

The truth is that the appointment of a rent receiver is and has always been a discretionary decision to be made by the Court subject to certain equitable considerations, even in the unlikely event that there is a contractual provision allowing the assignment of rents to the Association. And generally, a receiver will only be appointed when it appears necessary for the protection of the requesting party, such as when there is an inability of the owner to pay the debt and the owner fails to make repairs, resulting in waste of the property.

So what is the moral of this story? The answer is simple. Rent receivers may still be a viable avenue for associations to collect delinquent assessments, but these applications must be prosecuted correctly, on notice to the mortgage lender, and clearly address the equitable considerations of concern to the Court. In addition, since the appointment of a rent receiver is a discretionary, whether the Court will grant an association’s request depends on several factors, most important of which is what Judge is deciding the request, which will be based on the location of your association. However, there is more than one way to skin a cat, and rent receiver applications are not the only way to collect from delinquent unit owners.

The attorneys in Hill Wallack’s Community Association’s group are recognized for providing insight and innovation in the collection of delinquent assessments. Our experience spans more than 30 years, and we aggressively represents associations in assessment collection matters (including bankruptcies and foreclosures). And most importantly, we can assist your association in collecting delinquent assessments the correct way, the right way. If you have questions about assessment collection, rent receivers or what Hill Wallack can do to assist your association, please reach out to one of our Community Associations attorneys.

You can read the Appellate Division’s decision in Woodlake at King’s Grant here.

For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw.

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