Mastering Community Associations
Category: On Demand
Member Price: $227
Non-Member Price: $284
Areas of Law: Real Estate
Keynote
Moderator
- Christine F. Li, Esq., CCAL
- Greenbaum Rowe Smith & Davis LLP, Woodbridge
Presenters
- Martin C. Cabalar, Esq.
- Becker & Poliakoff, Morristown
- Chiara R. Corliss, Esq.
- Giordano, Halleran & Ciesla, PC, Red Bank
- Matthew Z. Earle, Esq.
- Kates, Nussman, Ellis, Farhi & Earle, LLP, Hackensack
- David Wilder Merritt, Esq.
- McGovern Legal Services LLC, North Brunswick
- Jennifer L. Webb, Esq.
- Hill Wallack LLP, Cherry Hill
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 of the community associations formed to respond to those challenges. Beginning with the development of these communities to the conduct of their affairs by the owners of homes and beyond, the attorneys and other professionals need to be aware of the wide range of issues and applicable areas of law.
The discussion in this program will cover numerous aspects of association representation and give a foundation of the issues faced in this practice. An understanding of 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. Also, 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. It will give you the resources to deal with concerns confronted by associations, their governing boards, owners, and other community association professionals.
Program Agenda:
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9:00 | Opening - Christine F. Li, Esq., CCAL
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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; condominium vs. single family subdivided lot communities; applicability of the N.J. Condominium Act; registration under the Planned Real Estate Development Full Disclosure Act with the N.J. Department of Community Affairs; the Nonprofit Corporation Act; and the Municipal Services Act -
9:45 | The Election Process and Association Governance - David Wilder Merritt, Esq.
The gradual election of homeowners to the board; interrelationship of the association, board, members, committees, and unit owners; the fiduciary responsibility and liability of board members; powers of the board vs. the association; conduct of board and homeowners meetings; election and annual meetings; and the “Radburn law” -
10:25 | 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 -
11:00 | Break
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11:10 | Powers, Rights and Remedies - Martin C. Cabalar, Esq.
Transition of control of governing boards from the developer to the homeowners; interpreting master deeds, declarations, by-laws, 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 -
11:50 | Compliance with Statutory and Regulatory Authority and Reliance Upon Other Professionals - Matthew Z. Earle, Esq.
Financial compliance – budget adequacy, reserves, preventive maintenance and special assessments; directors and officers insurance and fidelity coverage; annual audits; management and service agreements; municipal regulations and the N.J. Hotel and Multiple Dwelling Law; and the combined roles of industry professionals – the attorney, property manager, accountant, insurance broker, engineer/reserve specialist -
12:30 | Q&A
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12:40 | Adjourn