Category: Q&A

Q&A Q&A: Know Your Bylaws!
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 Q&A: Radburn on Term Limits
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 Q&A: Interview Rules
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 Q&A: Common Elements vs. Individual Unit Elements
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 Q&A: Conflict of Interest?
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 Q&A: Balcony Alteration
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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Q&A Q&A: Amending Governing Documents and the Radburn Act
Fall 2020 Q&A: Amending Governing Documents and the Radburn Act

Q.   I live in an adult community in South Jersey for 55-and-older people. It is a single-family fee simple community with an HOA. Our governing documents were amended in 2003 after receiving approval of two-thirds of the members. The gove…

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Q&A Q&A: Getting Access to a Contract
2020 June Q&A: Getting Access to a Contract

Q. I pay HOA fees for landscaping. Not all areas of the development are the same—some streets just have ornamental trees and a minimal amount of leaves falling. My block is swamped with leaves on the ground that begin in September, but I …

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Q&A Q&A: Board Members Who Are Delinquent with Their Fees
2020 June Q&A: Board Members Who Are Delinquent with Their Fees

Q. I am living in a small complex with 21 units in Northern New Jersey. We have six people on the board and they all live in the complex and don’t pay the maintenance fees. Is it legal in New Jersey to get compensated to be on the board a…

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Q&A Q&A: HOA Voting in Advance
2020 June Q&A: HOA Voting in Advance

Q. Can an HOA issue a proxy/ballot for voting only in advance of an annual meeting for additions to the common areas? Proxies and absentee ballots are allowed in the bylaws for such issues (not elections) but no mention of voting only in …

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