Page 9 - CooperatorNews NJ Expo 2022

NJ.COOPERATORNEWS.COM COOPERATORNEWS NEW JERSEY —EXPO 2022 7 QUESTIONS & ANSWERS Legal Q A& Learnmore.east@fsresidential.com fsresidential.com/new-jersey at Booth #601 to Receive: X Transparent Financials X Amenity Management X 24/7 Customer Support X Preventative Maintenance X Proprietary Tech Solutions X Responsive Communications Partner with Us Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. ADR vs. CC&Rs Q Does binding alternative dis- pute resolution (ADR) override condo governing docs? If the ADR changes the shared common ground expenses, do the members of the associa- tion have to vote on the changes? Do the condo docs have to be changed to reflect the decision of the arbitrator? —Wondering A Attorney Norman Briggs, founder of The Briggs Law Office, with locations in Philadelphia and Marmora, says, “Here are my responses under New Jersey Law: “Does binding alternative dispute resolution (ADR) override condo gov- erning docs? The answer to this question depends upon the nature of the dispute. I would need further information/specifics to effectively answer this question. “If the ADR changes the shared com- mon ground expenses, do the members of the association have to vote on the chang- es? Once again, I would need further de- tails/specifics to answer this question. “Do the condo docs have to be changed to reflect the decision of the arbitrator? They should be, assuming the decision will affect future rights of owners.” Delinquent Dishwasher? Q Our association is self-man- aged with 12 units. An owner installed a dishwasher without any written request or approval from the board. The board told her that we believed this was a violation, since all 12 units share one water tank and one water meter. The water bill is included and paid with monthly assessments, and is the highest utility bill that the association pays. Our bylaws were written in the 1970s, and laws change. The owner’s defense here is that the dishwasher uses less water than doing dishes by hand. Are they in viola- tion for not clearing the installation with the board beforehand? If so, what are our options? —Wanting What’s Fair A Attorney Steven G. Mlenak, partner at law firm Green- baum, Rowe, Smith & Davis, LLP with offices in Woodbridge, Roseland, and Redbank, replies, “The an- swer to this is a simple ‘read your govern- ing documents.’” n Do you have an issue with your board? Are you wondering how to solve a dispute with a neighbor? Can’t fi nd informa- tion you need about a build- ing’s fi nances? Our attorney advisors have the answers to all of your legal questions. Write to CooperatorNews New Jersey and we’ll publish your ques- tion, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clarity. Send your questions to: Darcey@cooperatornews.com Q&A