New Jersey and New York Condominium Associations Should Allow Mezuzahs

ER 18, 2010

COMMUNITY ASSOCIATIONS SHOULD BE SENSITIVE TO RELIGIOUS AND CULTURAL REQUIREMENTS -- OR RISK HORRIBLE PUBLIC OUTCRY

There have been numerous reports of condominiums making people take mezuzahs off their front door frames.   These very small items are important for Jewish people and it is simply outrageous that an association would demand that this kind of object be removed.  Or any similar religious ornament.  

See the attached 2012 article from the Fox News website.   This is the kind of publicity such an insensitive demand will receive.  And more importantly, this demand may violate federal and state laws.  

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.

While perhaps technically correct, a demand to reeve an important religious or cultural item that is not intrusive or overly burdensome is plainly disrespectful.  And that is never the right attitude to be displayed by an Association's Board.

Respect means doing what is just plain right. If we can’t respect each other, after all, how can we 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.

If that does not work, judicial relief is an option.   However, litigation is costly and always divisive.  It is always a last resort.  Not the first one.  

Broken Water Pipes in a Condominium/ Homeowners Association

Its been very cold recently here in New Jersey and this has caused a lot of condominium and home owner association problems.  Broken water pipes have been a big problem.  Who must pay the repair bill?

  Is the unit owner responsible?   the Association?   Does it depend where the break is located?   The answer to all three questions is yes.

All answers seem to be possible.   If you have a broken pipe and live in a community association your association documents will provide, the answer to these questions.  Water pipes may be owned by the unit or they may be a common element.  The only way to know for sure is to look at your documents,  probably focussing on how the master deed defines what is and is not part of a unit.

That having been said, I believe the location of the break will be a factor.   If the break is located in the common water supply line that provides water to the association, or to numerous units in a building, that might be a common elements issue.  If it occurs in the supply line devoted only to one particular unit, that might be the unit's responsibility.

There are many broken pipe problems in New Jersey and New York condominiums due to the very cold weather we are experiencing.  Responsibility it seems to me is based on the location of the break and the wording in the association's organic documents.