On March 2, 2017, the New Jersey Appellate Division decided the case of Medford Lakes Colony Club v. Maida, which dealt with unpaid assessments and the authority to remove a dock on association property. While the decision is unpublished (and does not constitute precedent), it made enough of an impression for Jonathan H. Katz to pen this brief write up:

In Medford a Club owned a lake,

Fees for its upkeep members make.

 

Docks on the lake were permitted,

As long as such fees were remitted.

 

Ms. Maida refused to pay fees,

Despite the Club’s numerous pleas.

 

So after the passage of time,

The Club removed the dock on Maida’s dime.

 

Maida objected but the Judge she directed,

The Club could remove the dock Maida erected.

 

So the moral of the story is not lost,

If you don’t pay your case will get tossed,

You’ll get dragged into Court,

For breach of contract or tort,

And you may have to pay all the cost.

You can read the Appellate Division’s much less poetic decision in Medford Lakes Colony Club v. Maida by clicking here.

For more information on this case 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.

This Alert transmits an important message from CAI regarding a disturbing bill pending in both houses of Congress. The proposed Federal Legislation would allow HAM Radio Operators to install antennas anywhere in a condominium or HOA despite association architectural covenants. I urge you to communicate with our U.S. Senator Corey Booker, who is on the Committee considering this legislation.

The Amateur Radio Parity Act (S. 1685) is scheduled for mark-up in the Senate Commerce Committee on November 18. Your Senator serves on the Senate Commerce Committee and it is very important he/she hears from you today to oppose S. 1685.

To view Hill Wallack’s full Client Alert, click here.

If you have a question about this issue 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.

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!

By Jonathan H. Katz, Esq.

The Community Associations Institute (CAI) has issued a call to action regarding proposed legislation that, if enacted, may invalidate many community association rules and architectural standards governing the installation and use of amateur radio towers and antennas.

Last month, United States Representative Adam Kinzinger (R – Illinois) introduced H.R. 4969, which would require the Federal Communications Commission (FCC) to amend its Code of Federal Regulations to invalidate certain community association covenants that apply to installation of radio towers and/or antennas for amateur radio use. With limited exception, the proposed legislation would require that all community associations would be prevented from governing installation of HAM radio towers and antennas and homeowners who want to install a radio tower or antenna for amateur radio use would not have to go through the architectural review process or follow existing community guidelines.

CAI has issued the following statement regarding this proposed legislation:

 “CAI recognizes the importance of amateur radio users’ assistance during a disaster or emergency. Importantly, CAI notes that amateur radio users’ success in assisting with communications during a disaster or emergency has not been inhibited by covenants created by neighbors in the community associations in which they have chosen to make their home. A 2012 study by the FCC reached this conclusion, too.

The FCC has rejected five official requests by amateur radio operators to relieve them of their contractual obligation to follow community procedures concerning the installation of radio towers and antennas. The FCC has determined there is no compelling national interest to warrant invalidating contractual agreements between private citizens.

On behalf of the 65 million Americans who choose to live in their community associations, CAI must oppose H.R. 4969 to preserve the model of community allowing neighbors elected by neighbors to create and enforce covenants for the betterment of the community as a whole.”

Hill Wallack LLP Partner and Chair of CAI’s Federal Legislative Action Committee, Ronald L. Perl, Esq., joins in CAI’s call to action and encourages you to contact your member of Congress to oppose H.R. 4969. CAI has created a template that you can use to draft your message to your member of Congress, which is available by clicking here.

For further information and history on this issue, please click here.

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.

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!

By Jonathan H. Katz, Esq.

What do cold cuts, solar panels and an 11-alarm fire have to do with community associations?

On September 1, 2013, a massive fire destroyed a Dietz & Watson cold storage facility in Delanco, Burlington County, and caused the roof, which was lined with more than 7,000 solar panels, to collapse within hours. Solar panels, it seems, are particularly hazardous to firefighters in that they prevent a clear path to the roof and create a possibility of electric shock due to the fact that the electricity to the panels cannot be shut off.

The legislature responded quickly, and on January 17, 2014, Governor Chris Christie signed into law Assembly Bill A-266 (S-507), mandating that building owners, including community associations, must provide notice to local fire officials of any solar panels mounted on their building’s rooftops. The law also provides that all municipal agencies that issue permits for roof-mounted solar panels must provide a copy of the permit to the local fire official within ten (10) days of issuance.

All residential and commercial structures are required to comply with the law’s requirements, which means that all condominiums and homeowners associations will be required to provide the requisite notice if solar panels are installed on its roofs.

In addition, the new law mandates the promulgation of new rules requiring the posting of an emblem on a building’s front entrance to signify the presence of roof top solar panels. The legislation will be implemented by the Department of Community Affairs (“DCA”) and takes effect immediately.

You can read the full text of the legislation here.

For more information on this case 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.