pot laws and condo rules, hi to high times

States everywhere are either decriminalizing marijuana or nearly doing so.  But will condo board follow step?  can boards treat this issue differently than their host states.  Read more.

Condominium Decks Collapse -- Who is Responsible

Wildwood Missouri residents who reside at the Sandalwood Creek Condominium Community need to look up at all times, especially to avoid  collapsing decks.  A deck attached to a residential unit collapsed this past Memorial Day when four people were standing on it.  All four are now in the hospital.

County officials came to the scene to evaluate all of the decks in the community and the news is not good.  It appears they may not meet current code requirements and some news reports report findings that other deck collapses in the community are foreseeable.

The decks are 30 years old and it appears many have not been properly maintained.  Some appear to be rotting.   One news crew found a decks that was visibly sagging, suggesting that it may be next in line.

So --who is responsible to repair these decks?    Of course it depends on state law and the association documents.  But in many instances, the homeowner will be responsible.

The reason is that these decks are often called "limited" common elements.  They are common elements because they fall beyond the "finished walls in."  But they are "limited," because only the adjoining unit owner can enjoy them, or in this case fall from them.  In these cases often it is the unit owner who must maintain, and if need be replace, the deck structure.

Some news reports suggest that this is the case in Wildwood Missouri.  But everyone may not agree and ultimately a Court may have to interpret the documents in question.

Who ever is responsible aside, decks must routinely inspected and maintained.  And they must be replaced when they are no longer safe.  Even if common funds will not be used to do this, the Association usually has the inherent right to ensure that this work is undertaken on a regular basis.

Stuart Lieberman Is an attorney with Princeton's Lieberman & Blecher.    The firm represents community associations in New Jersey and New York.  www.liebermanblecher.com

Read about a Florida condo that has completely mishandled a special needs request

Condos. Must enforce the rules nd mut be uniform.  But they shod not ignore legitimate requests by home owners that have bona fide special needs.  In this case a resident with a horrible condition can now only walk around wht the aide of a shopping cart.   And look at ths short minded association response .

My tip to condo boards, here is everything not to do....
Cond

http://www.fox4now.com/news/local/205870931.htmlhttp://www.fox4now.com/news/local/205870931.html

Lieberman & Blecher represents community associations .   Www.liebermanblecher.om

Toxic mold and the problem of cross-contamination in New Jersey and New York

Baby injured from black toxic mold

A story was just reported in the news about a Jasper Alabama family whose infant child was hospitalized after toxic mold was found inside her family's home. The toxic black mold was allegedly ignored by the landlord who, after complaints were made by the baby's parents said that if it's a problem they should "move out."

The baby was hospitalized twice up to 5 days at a time when her throat and eyes swelled up. They finally contacted a mold inspection company who waived the $500 fee because they said its one of the worst cases they've ever seen. According to the tenants, the landlord pulled up the carpet to cover-up the mold with new flooring. According to the mold remediation company this was a huge mistake because it cross-contaminated all of the belongings which now have to be destroyed as a result of this cross contamination.

Cross contamination threat and toxic mold

Toxic mold is not only a problem here in New Jersey and New York, but it's a problem throughout the United States. There are an increasing number of mold complaints. They typically arise in landlord-tenant cases, when people purchase homes and are not told about pre-existing mold, in office environments and even hospital environments, and in a variety of other settings. This is very serious and some people become very ill. Not everybody becomes ill, it's very much person specific. But some people become very ill as a result of exposure to certain kinds of mold.

Cleaning up the mold is very often not the only thing that has to be done. Items that are exposed such as furniture, clothing, bedding etc., very often have to be remediated. If they are not they cross contaminate the new cleaned environment. And this can cause a real problem for people who are prone to become ill from the mold exposure.

Which means --- if your apartment, rental property, condominium. new home, office become mold contaminated, cleaning the walls and remediation the mold may not be enough. Always make sure the source is addressed, perhaps a leaky roof or leaky pipe, etc.  Clean bedding, toys, etc....Finally, make sure your valuable, such as furniture, clothes, bedding, children's toys are cleaned and that mold is removed. If this is not done properly, it can cause serious problems due to cross contamination.

Is this the Association's responsibility?  It may be.   You need to look at the Association documents, case law in your state, and the particular facts in your case. 

Lieberman & Blecher practices community association law in New Jersey and New York. 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 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

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.