Mastering Community Associations

Presented in cooperation with the NJSBA Real Property Trust and Estate Law Section

Representing community associations requires an understanding of the challenges that condominiums and planned real estate developments create and the community associations that respond to those challenges. From the development of these communities to how they are managed by homeowners and beyond, attorneys and other professionals need to be aware of the wide range of issues and applicable areas of law.

This program will review numerous aspects of association representation and give a foundation of the issues faced in this practice. Discussion will cover the underlying governing documents and the law, the adoption of rules and regulations, mandatory membership of owners in these associations, the authority of elected boards, the use of shared facilities and services, the mandatory payment of fees, remedies against noncompliant parties and the handling of disputes are some of the concerns which underlie this practice.

The tools to resolve the legal issues faced by these associations span several legal practice areas – business, real estate, litigation, environmental, bankruptcy, collections, administrative law, to name just a few. The key to the practice is an awareness of the other industry professionals who play a vital role in accomplishing the goals of associations.

In this program, which has been brought back due to popular demand, our highly experienced panel of community association law experts will introduce you to fundamentals of community association law. They will give you the resources to deal with concerns confronted by associations, their governing boards, owners, and other community association professionals.

Program Agenda:

• 9:00 | Opening - Christine F. Li, Esq., CCAL

• 9:05 | Formation of Condominiums and Other Planned Real Estate Developments - Chiara R. Corliss, Esq.
  Statutory and regulatory framework; the forms of ownership and the governing documents; registration of planned real estate developments with the state Department of Community Affairs; applicability of the New Jersey Condominium Act, the Planned Real Estate Development Full Disclosure Act, Nonprofit Corporation Act, Municipal Services Act, Fair Housing Act, Corporate Transparency Act and Hotel and Multiple Dwelling Law.

• 9:40 | The Election Process and Association Governance - David Wilder Merritt, Esq.
  The election of homeowners on to the board; interrelationship of the developer, association, board, members, committees, and unit owners; the fiduciary responsibility and liability of board members; powers of the board versus the association; conduct of board and homeowner meetings; election and annual meetings; the “Radburn law”; negotiating management and service agreements.

• 10:15 | Association Assessments and Collections  - Jennifer L. Webb, Esq.
  Handling special and regular common expense assessments; rights of the association against delinquent owners for nonpayment of assessments; notices, fines, acceleration of fees, liens, bankruptcies, foreclosures and dispute resolution.

• 10:50 | Break

• 11:00 | Powers, Rights and Remedies - Martin C. Cabalar, Esq.
  Transition of control of governing boards from the developer to the homeowners; interpreting master deeds, declarations, bylaws, and covenants and restrictions; adopting rules and regulations and amending documents; discord within associations and recourse against recalcitrant parties; enforcement actions and remedies of the association - fines, alternative dispute resolution, litigation.

• 11:40 | Topics Affecting Community Associations - Mary W. Barrett, Esq.
  Some topics at the forefront to community association representation include: Fair Housing Act violations; leasing; electric vehicle charging stations and e-bikes; emotional support animals

• 12:15 | Compliance with Association Regulations and Reliance on Other Professionals - Christine F. Li, Esq., CCAL
  Budget adequacy, reserves, and audits; insurance and fidelity coverage; governmental regulation and inspections; the combined role of professionals – the attorney, property manager, accountant, insurance broker, engineer

• 12:40 | Adjourn