NJ Condos Fined For Not Addressing disability Issues

Today's news reports on a financial settlement with the Civil Right Division in NJ  involving a Lakewood NJ  condo complex based on a failure to move a parking spot closer for an older person who needed it,  and not providing adequate bus service for another person with special needs.  See the article.

Associations must provide special relief to persons protected under the state and federal law.  So, when a Board is asked to provide a closer spot,  even though the bylaws provide otherwise --the Board needs to think twice about saying no.  You can imagine an endless list of similar situations.  All potentially at great cost.

But if the Board makes the wrong decision, which happens often,   the cost may very well be much greater.   So be careful and please make sure your Board members read this news article.  Understanding the law will save everyone plenty of time, effort and money.

An Example Of a Condo Winning a Case, but likely still losing.......

The recent New Jersey appeals court decision in Baskerville v. Society Hill at Droyers Point Condominium Ass'n is noteworthy for a few reasons.  A unit owner was mad because a local webmaster would not allow him to publish his Board resignation letter and cut him off the website.  The website concerned the condominium association but was privately run and operated.  

The unit owner sued the Board, alleging his constitutional rights were denied because of blocked access.   He alleged that this was really part of a bigger conspiracy, involving other Board members.  He also alleged he was defamed.

So why is this noteworthy.  First, the case lasted a while.  Apparently his claims were twice dismissed at the trial level.  But he still appealed.  Think:  How much did this cost the Board in legal fees.   Think:  everyone pays those fees.

Also, while this case seemed to just lack merit, watch out for claims that sound like claims against the government, being asserted against condo and homeowner boards.  Its in my opinion likely a trend that will continue.  I think with increasing success.

Condominium boards are sometimes more important in terms of day to day living than local municipal bodies or any other governments.  Both our courts and the legislature understand this.

Avoiding expensive litigation means open dialogue, and transparency.  Even when a Board wins, it really loses because of the expense and internal strife within the community.  

 

   

New Environmental Disclosure Laws Affect Some Condos and HOAs

In the past few months condos and  HOAs may have received notices regarding environmental cleanups  or spills in the neighborhood.   A  recent  New Jersey law  required that these disclosures be made in certain types of contamination cases.

I have received numerous phone calls asking what, if anything should be done.  There is no one right answer.

If the problems seem isolated to just the neighboring property, no action may be needed.   In that case,  the best reaction may be to monitor the cleanup or response.

If the information suggests  that the common elements of  individual units may be impacted,  the response may be to provide internal notice and  demand some investigation by the responsible party.

If the information confirms that association property is impacted, a more targeted demand may likely be in order.  And more detailed notice may also be required.

Watch for vapor problems.   If the pollution is a solvent or something similar, it may vaporize and seep into untit  foundations.  This may cause health concerns and warrants a technical and possibly leagl response.

Seek techincal assistance from a consultant.  And legal assistance if appropriate to protect the association and unit owner interests.     

Condos and HOAs--Think Cell Tower

Associations in need of extra cash might consider installing a cell tower, or two on their building or within the common areas.  They can generate thousands of dollars a month.

Many communities require co-location,  which means more than one carrier on a cell tower.  Which means even more revenue.

Two common concerns:  health impact and cosmetics.

As to health impact -- The feds say they are safe.   But others are not  sure.   So  do your research on that issue and reach your own conclusions.

As to cosmetics,  there are ways  to  hide them pretty well,   and I don't just mean the old inverted toilet brush look.

Here is an article about this issue.  Call me if any questions.  732-355-1311.        

Condo and Homeowner Associations Deal With Enviro Issues

Condominium ownership is becoming increasingly popular all over the United States. With increased condo usage should come increased awareness of the environmental issues attached to them.

Indeed some environmental problems can necessitate huge special assessments before you buy.

Before you buy you should find out if the unit or the common elements have or have had environmental problems. These issues will become yours after you close.

For example, many condominium associations have underground storage tanks that serve each unit. If the tanks are leaking, every unit owner may be specially assessed to deal with this association wide problem.

This can cost in the hundreds of thousands of dollars and may result in substantial special assessments.

Other environmental issues that may affect a condominium association include: lead paint, asbestos removal, leaking furnace oil tanks, polluted wells, trash disposal, problems with recycling and sick building syndrome claims.  And DON"T FORGET MOLD!

Before purchasing, be sure to look at the regularly kept minutes of the association. Has there been any discussion about environmental issues or environmental claims?

Also speak with the management company before you purchase and don't be afraid to ask questions. Speak to the unit owner as well as seek a written statement from the unit owner that he or she is not aware of claims that may affect the association.

Condo ownership can be great. Remember to add an environmental checklist to your inspection and it'll be even better!

NJ Municipality Offers $10 Radon Kits

Washington Township is offering $10 radon kits.   This municipality is located in an area that has some high levels.

Radon is the second cause of  lung cancer in the US.  People don't take this threat as seriously as  they  should.

All homeowners, including  condo owners and  home association owners need to know if they are in an area with high  radon.

If  so, mitigation is not an option,  but a necessity.
 

Toxic Mold Cases May be Easier To Pursue

Mold is a growing problem for multi-dwelling units.   Litigation abounds and awards for personal injury and/or property damage can be high.

Multi-dwelling units are particularly at risk because they share common walls, roofs and piping --all potential sources of moisture that mold loves.

A roadblock in toxic mold cases, cases for personal injury due to mold exposure, has been the issue of "causation."  Proving mold is present is one thing.  A lawyer must also prove it made his client ill.

That obstacle was lightened just slightly by a recent  New Jersey state appeals court decision in the case of  Smith v. Northridge at Edison.  This case stands for the proposition that an expert witness does not have to identify the exact species of mold that made a plaintiff sick in order for the plaintiff to prevail.

A lower court had taken the opposite view and dismissed the case.   But on appeal, that dismissal was reversed.   The court held that the inability to identify the precide kind of mold at issue did not preclude the testimony --it merely went to the weight of the testimony.

Association Bound By Arbitration Clause

A State appeals court ruled in October that the mandatory arbitration clauses found in agreements between developers  and  unit owners applies to claims relating to common elements brought by associations.  The case is entitled  Zephyr Lofts Condominium Ass'n, Inc. v. Henderson Lofts.

Many sale agreements between developers and unit owners have these provisions which limit legal resourse to arbitration and precludes the filing of suit in courts.   These are key provisions, which apply even if unit owners do not understand them when they purchase.

This case is important because even though  the association itself never was a "purchaser" of a unit and never signed an agreement binding it to arbitration,  the court bound the association to this arbitration requirement.   

Condo not liabile for fall following storm

In a recent appeals court decision regarding Ravenscroft Condominium Association, the court upheld a judgment in favor of the condominum finding no liability following a slip and fall.  The  facts are very common.

Following a large snow storm, a homeowner fell in the parking lot.  She sued the association and the snow removal company for negligence.

The Court observed that condominiums have the duty to make sure that these premises are in safe condition and to advise residents of known hazards.

In this case the evidence was that association properly retained a company to remove the snow and did what it could.   There was no evidence thats is was negligent.

The key:  an association must be vigilant about safety and take all reasonable measures.  But having done that, it does not become a guarantor that someone will not fall on an ice patch after a bad storm.