Category: Q&A

Q&A
2021 Fall Q&A: Relying on Verbal Authorization

Q. On March 31, 2020, after calling my HOA, I was given verbal permission to replace my roof, which was leaking. I signed a contract to replace the roof on April 15, 2020. Now the board has sent me a letter with a $500 fine for not gettin…

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Q&A
2021 Summer Q&A: Garbage Charge

Q. My HOA found garbage dumped on the front of our street—and since they didn’t know who did it, decided to fine everyone on the street. Problem is that during that time period, the HOA had numerous unsupervised contractors working with d…

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Q&A
2021 Summer Q&A: Inappropriate Disclosure?

Q. In a board meeting, the owner of the management company told the board that I fired the plumbing company. The owner of the plumbing company asked for my name and phone number and the manager gave it to him. Is this legal?             …

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Q&A
2021 March Q&A: Campaigning for Board Re-election

Q.  Can a current board member advertise his re-election, or go around knocking on each door and telling owners who to vote for? Is this legal?       —Wondering If This Is Appropriate A.  “Yes and yes,” says Jonathan H. Katz, a partner …

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Q&A
2021 March Q&A: Know Your Bylaws!

Q. I live in and own a condo in a four-unit condo building. One unit is occupied by the president and treasurer of the board of directors. I am away for a few months, and gave permission to a dear friend to use my condo for a few days. Th…

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Q&A
2020 Winter Q&A: Radburn on Term Limits

Q. Does the Radburn Law make it impossible to have term limits for our board? —Owners Concerned about Abuse of Power A. According to Hubert Cutolo, an attorney with the firm of Cutolo Barros in Freehold: “In 2017, the Planned Real Est…

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Q&A
2020 Winter Q&A: Interview Rules

Q. I am a new resident of a co-op building in New Jersey and unaware of the rules, regulations, and state laws pertaining to applicants. I now find myself on the co-op interview committee, and have been told that it is no longer legal to …

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Q&A
Fall 2020 Q&A: Common Elements vs. Individual Unit Elements

Q.   I live in a condo association. Our master deed includes detailed and specific sections that list what items are included in a unit and further state that these items are the unit owner’s responsibility to maintain, repair, or replace …

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Q&A
Fall 2020 Q&A: Conflict of Interest?

Q. Can a newly-appointed vice president to the board, who is also a broker, sell units in his/her condo building? I would think that this would be a conflict of interest since the board member has access to all personal information about …

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Q&A
Fall 2020 Q&A: Balcony Alteration

Q. A homeowner in a condo asks the board to allow the alteration of the balcony enclosure to a taller height. The board and management company agree and the alteration takes place. Twenty-five years later a new manager says that was impro…

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