By Michael S. Karpoff, Esq.

A recent decision by the Appellate Division of New Jersey’s Superior Court demonstrates the need for precision in defining what method of alternative dispute resolution (ADR) an association utilizes or agrees to. Carelessly referring to the ADR procedure as an arbitration can make the ultimate decision binding upon the parties, even if one of the parties had something else in mind.

Attorneys’ Communications Outweighed Asserted Intent

In Marano v. The Hills Highlands Master Association, Inc., which was decided on November 16, 2017, the Court rejected the Association’s argument that it was not bound by an arbitration award because the procedure it had used was intended to be a mediation. The Court found that plaintiff’s counsel had repeatedly referred to the procedure as an arbitration and the hearing officer as the arbitrator without objection by the Association’s attorney, and, in fact, the Association’s attorney had referred on at least one occasion to the hearing officer as “the arbitrator.” The hearing officer submitted to the attorneys an agreement to mediate, which they signed; however, she apparently understood her role as being an arbitrator because she later issued an “Award in Arbitration.”

In August 2017, Hill Wallack‘s Ronald L. Perl, Esq., Caroline Record, Esq. and Jonathan H. Katz, Esq., in conjunction with Wilkin & Guttenplan, P.C., presented a webinar dealing with what you and your community association should know about the new Radburn Bill.

In case you missed this webinar, you can view it by clicking here.

Have you ever wanted to learn the art of mediation and help resolve community association disputes? Now you can…

Become a mediator or refresh your mediation skills as part of CAI-NJ’s Mediation/Alternative Dispute Resolution (ADR) Program training. Mediation/ADR is a non-adversarial approach in which a neutral party – the mediator – guides parties to a dispute through the resolution process to reach a mutually acceptable agreement as an alternative to litigation. CAI-NJ is sponsoring the Mediation/ADR Training Program for a limited number of registrants to fill the critical need of providing affordable mediation services by person who are experienced in community association matters and issues.

By Jonathan H. Katz, Esq.

In an unpublished Appellate Court decision – The Glens at Pompton Plains Condo. Ass’n, Inc. v. Van Kleeff – the New Jersey Appellate Division made it abundantly clear that condominium associations must offer alternative dispute resolution (“ADR”) for any “housing-related dispute,” including the non-payment of assessments/maintenance fees, prior to filing any non-emergent legal action against a unit owner.

The New Jersey Condominium Act, N.J.S.A. 46:8B-14(k), requires condominium associations to “provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation.” Although, the Condominium Act does not specifically define the term “housing-related disputes,” that issue was squarely addressed in by the Appellate Division in Bell Tower Condo. Ass’n v. Haffert, which was decided in January 2012.

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!

Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the CAI-PA/Del Val – New Jersey Regional Council – Mini-Trade Show & Educational Forum on Wednesday, September 17, 2014, 5:30 p.m. to 8:30 p.m., at the Holiday Inn Cherry Hill, 2175 West Marlton Pike, Cherry Hill, New Jersey.