Homeowners Associations Need to Be Fair and Even handed

This is an article about the Colorado Legislature's attempt to address complaints that homeowners associations go too far in collecting monthly assessment. 

 They complain that heavy handed tactics are employed and that late fees and other expenses can become a bigger problem than the actual amount owed.  Read the article here.

The point is that community associations need to be transparent, fair and even handed.  Tactics that are unfair are going to result in very costly law suit, and associations may have to pay for both sides lawyers.

Its better to take a little longer, use diplomacy and be fair.  Boards that rush to court are usually the most at risk of paying too much for lawsuits that were not appropriate to begin with.

If some Board members are litigation happy, others should speakup  and make sure that litigation and legal enforcement is being used cost effectively and as a last resport.  Speaking up requires courage, but a voice or reasons must prevail.

Many of these lawsuits are great for the lawyers but not the associations or the unit members.   So slow and steady is the message.

If problems continue expect legislative responses.  Which means this --community associations have a choice of self regulating,  or becoming overly regulated by the state.

  May I suggest that the choice is clear.


Lieberman & Blecher represents community associations in New Jersey.

Getting high in the Condo? As States Legalize Marijuana, will Home Owner Associations Just Say No?

Marijuana is becoming legal, to various extents, in a lot of places.

Some states such as New Jersey and California allow if for medical purposes.  Colorado just plan allows it.  Some predict that sooner or later it will pretty much just be legal, basically everywhere.

The question is whether Home Owner Associations will be able to ban marijuana in instances where the state says its legal.  Will condos be able to just say no?  The answer is not so cut and dry.

Clearly Associations can protect public areas and common areas.   To some extent they may also be able to take measures that are for the common good, including, measures that maintain property values.

The amount that Associations regulate is very state specific, and even within states is not always very clear.

Some Associations have outlawed tobacco smoking all together, largely due to complaints that the smoke has permeated into common areas or into individual apartments.  Indeed, some people have become very sick because of cigarette smoking originating from privately owned residential units.  But outright smoking prohibitions can be very controversial and may invite a lawsuit.

As pot become more legal, Associations will invariably be asked how and whether they plan to respond.   And you can be sure that no matter what they do, their decisions will be challenged.

In other words, this is only the beginning of a discussion that will be reoccurring throughout this country, for quite some time to come.

Lieberman & Blecher proudly representswww.liebermanblecher.com
numerous homeowner associations in New Jersey.  

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

Smoke Gets in Your Eyes

  Condominium Associations often get smoke complaints relating to either a fireplace or wood burning stove. Ignoring the problem may very well be costly, and an overall bad idea.

Smoke can penetrate units and affect neighboring unit owners.  Some people are more sensitive to smoke than others.  For those people, definitely a minority, this problem will never go away. And nether will their objections.

The "offender" will invariably take the position that he or she is not breaking the law and has the right to burn.  Many Board members seem inclined to take similar positions.

However this "legal burning" may give rise to a private nuisance complaint in the Superior Court (here in New Jersey.)  The focus will then turn on the reasonableness of the burning, combined with the knowledge that the burning is making some one ill.

The fact that the burning may be cosmetic or aesthetic (the burner likes the crackle or the visual) and not for heat, may suggest that the burning is not reasonable in light of the health problems it is causing.

The victim unit owner may be able to prove through air testing that his or her air has a large volume of soot coming directly from the offending, burner unit..

The burner may be found liable as may also the Association.   Why the Association? Because the smoke is passing through a common element to pass from one unit to another.

So igoring burning complaints may be a bad idea.  Amicable resolutions,  including agreements as to time and duration of burning,  as well as payment for electric heaters and maybe even higher electric bills --all of these things may very well be a better idea than looking the other way.