Category: Q&A

Q&A Business meeting single isolated modern vector line design icon. Group of people with a speech bubble with dots sign
2021 October Q&A: Board Member Makeup

Q. In New Jersey, is it okay for a condo association with five or fewer units to have the unit owners act as the board of directors?                             —Seeking Clarification A. “It is assumed from your question that the cond…

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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 Garbage collection bin blown over by wind in residential area
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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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 Q&A: Campaigning for Board Re-election
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 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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