Condo purchasers need to test for radon

A Wisconsin community is the news recently. And not for reasons that make Town officials happy. Its in the news because many homes are reporting unacceptably high radon levels.


Radon needs to be taken seriously. After cigarette smoking it is the leading cause of lung cancer. And smokers in high radon environments have even higher chances of becoming sick.

What makes radon so menacing is that you can’t see it or smell it. It is completely invisible. And yet it can kill.

Some areas are more prone to radon than others. Radon comes from the ground and certain ground formations are more likely to produce radon.

Radon can also enter through drinking water. Hot showers are particularly dangerous.

Here in New Jersey certain communities are considered to be Tier I Communities. In these areas new home much have radon mitigation systems.

Radon is tested by leaving a canister in a room for a day. Doors and windows must be closed.

Here is a real problem without an easy solution. If a buyer leavers a canister in a sellers home – the buyer has no real way to know whether closed conditions were in place. And a seller who wants to cheat can do so easily by just airing out a house during testing. Be aware of this problem.

Radon can be addressed through a mitigation system. Use an experience company with a good reputation. And it might be better to have an independent company do the radon confirmatory test after the system is installed to avoid any possible conflicts.


When purchasing a home make sure that radon testing is done before title is transferred . If a problem exists use a very good mitigation company to fix it before you close on your new castle.

Lieberman & Blecher practices environmental law in New York and New Jersey.  We have represented many people injured by toxic susbstances such as radon, dirty water, air pollution, and other toxic hazards.  www.liebermanblecher.com  .

NJ Condo Boards Have Power to Challenge New Zoning

When a municipality proposes zoning changes in New Jersey, who has the right to oppose the changes: the Condo Board or the unit owners?

In the case of Jennings v. Boro of Highlands, a state appellate court ruled that it is the association that has this right.

Not the individual owners.

This is a very interesting decision because associations usually regulate only common elements. One might imagine that unit owners, who like everyone else in town pay taxes and care about their local zoning, would have this right and NOT the Association.

But as of at least as of this decision, it is the Board’s right. Not the unit owners.



Lieberman & Blecher represents New Jersey community associations. http://www.liebermanblecher.com

New Jersey Community Associations Need to Address Bed Bugs

Bed bug problems in New Jersey real estate are fairly new.  Condominium and Homeowner Associations in New Jersey need to be aware of this issue.
But bed bug grievances seem to fall into certain types of claims.

The first claim relates to personal injury. A person stays at a hotel or perhaps rents a room and gets bitten. He or she files suit claiming the landlord failed to provide habitable premises or was negligent.

A second kind of claim relates to a landlord or real estate seller who fails to disclose. Here the victim proves the landlord or seller knew or should have known of infestation and did not disclose the problem. This may be a fraud claim or a negligent representation claim.

A related claim may be under a law called the Consumer Fraud Act which prohibits unconscionable trade practices. The law specifically applies to certain real estate transactions, is easier to win than traditional fraud, and allows for triple damages which are called treble damages and attorneys fees. Sellers, brokers and other people may be exposed under this very powerful law.

Other claims may be filed against condominium or home owner association complexes on the theory that bed bugs entered through common elements, for which they have legal responsibility. Common elements may include space between walls, space under first floors, space under attics, and common law and hallway areas.
Bed bug claims may also be brought against extermination companies for negligent extermination services and against the property manager for negligent performance, negligent supervision, and negligent training. Here, some form of prior notice would likely be required.

In landlord/ tenant cases, some tenants are seeking either rent reductions or lease terminations based on bed bug infestation. Results in these areas seem to be very fact sensitive. Documentation on both sides is key --and the lease and other real estate documents must be carefully reviewed to determine rights and obligations.

Here is the bottom line. Bed bugs are at infestation levels and they are found all over the place. Litigation will continue, and will likely explode. The more people are exposed, the more they will seek relief from
the courts.

We are the very early stages of this from a legal standpoint. This means possible responsible parties must be pro-active, vigilant, and be able to document their reactions and concerns. Promises alone will not provide legal protection. Prompt effective, documented actions will likely be key.

Lieberman & Blecher proudly represents community associations and files claims involving community associations through out New Jersey.

Community Associations Should Not be Anti-Mezuzah

I represent many community associations in New Jersey and I have represented clients against many others. Community associations definitely come in all shapes, sizes and flavors. Very little surprises me any more. Some surprises are pleasant, others are less so.


One issue that is very important in every community association is the concept of respect. People in community associations have some measure of interdependence. They need each other to survive.

And this means that people must interact, must work together, and therefore must treat each other with respect. Disrespect is a sign that a community association is heading in the wrong direction. Especially when the Board members, the leaders of the community, are the ones who are failing to respect.
Respect means listening while others speak. It means not always thinking you are right – but instead encouraging various points of view. And respect means tolerating or better yet celebrating, each other’s sexual orientation, religion, and other personal characteristics.

The mezuzah issue is becoming emblematic of this issue. A mezuzah is a small covered portion of the Jewish holy scroll that is mounted on a door post. Many Jews place these on their exterior doorposts, which may be common elements. Some Boards have tried to members from installing mezuzahs on door posts.

While perhaps technically correct, this is disrespectful. It directly interferes with a Jewish person’s right to practice his or her religion. Others religions have similar requirements and they too must be accommodated.

Maybe quite literally, the Board does not have to cooperate. But respect means going past the minimum and doing what is just plain right. If we can’t respect each other, after all, then it will be very hard to live together.

If an association is not allowing installation of religious items, then I suggest having a private meeting with the Board and educating the Board members. Often these issues arise out of misunderstandings.

If that does not work, you may seek alternate dispute resolution. This should probably fix your problem.

If that does not work, judicial relief is an option. Several of these cases have been litigated recently and often with favorable results.
But remembers 2 things. Litigation is costly. And litigation is always a very last resort. After all, when the case is over, you will still live in the same community with the same people. Suing your neighbor does not always support a warm and fuzzy relationship.

Lieberman & Blecher practices environmental law and community association law in New Jersey. www.liebermanblecher.com

Some Associations may benefit from wind turbines--but be careful

Wind turbines may very well provide reliable green energy. What can be bad?  Many associations have attracted needed revenue by installing cell towers.  Wind turbines are gaining in popularity in the US and may offer similar possibility.

But if that does become an option, proceed carefully.   Residential communities are reporting noise problems in some cases.   And you do not want what initially seems like a GOOD idea to turn into a very bad idea.
There are 2 kinds of noise associate with them. The noise from the wind itself. And the noise associated with the internal turbine operations. Noise levels change throughout the day. Nights can be very difficult.

There are several reports of residential areas that have been badly affected by this. Let’s make sure that as we become introduced to wind turbines, we protect our existing residential communities.
It seems to be good advice at this time that wind turbines be kept away from where people live and work. After they are built, it can be too late, and too costly to fight. Its simple, wind turbines are a good thing in concept; as long as they are kept away from where we live and work.

Which means that community associations need to ensure that if they consider this option, there is enough distance between the turbine and the residences so as to keep the peace.

My advice.  Do not just rely on industry representatives for information about this issue.  Seek professional engineering help from an independent expert.

Lieberman & Blecher is a New Jersey law firm with a statewide practice. We represent many community associations.

Community Associations May Benefit From New Solar Law in N.J.

A recent law in New Jersey promotes the use of solar system technology. The statute, which was enacted in April, promotes the installation of solar systems by excluding solar panels from impervious cover calculations. Click here to read the law.

Impervious cover refers to development that encourages flooding by preventing storm water from being absorbed in the ground. Many of our development statutes limit impervious structures or require that alternative measures for addressing runoff be utilized when impervious development is approved. The purpose of these requirements is to stop flooding by encouraging on-site recharge of storm water.

Because solar panels tend to be large, they trigger many of these mitigation requirements and in certain instances have limited the approve ability of projects containing them. This new law reverses this effect by excluding these panels from impermeable calculations.

Lieberman & Blecher is a New Jersey law firm with offices in Princeton.

Condominium Association subject of class action over radon systems

A New Jersey Superior Court Judge certified a lawsuit we filed alleging defective radon systems in a New Jersey condominium complex.  Click here to read about the class action certification, that occurred earlier this week.

Claims were asserted against the Association as well as the developer and others.  The claims against the Association relate to its alleged failure to maintain the systems properly.

Lieberman & Blecher represent community associations throughout New Jersey.