Were you promised “breathtaking,” “unparalleled waterfront views” or an “unbelievable panoramic range” of views of the Hudson River and Manhattan skyline from your condominium unit, only to have your view obstructed by a neighboring building constructed after your purchase? Depending on the circumstances surrounding the...
A recent decision of a New York trial court proved very costly for a cooperative. An owner successfully sued the co-op for breach of the warranty of habitability, constructive eviction and breach of contract based on the infiltration of second hand smoke into the owner's apartment. The New York...
Don't leave money on the table by assuming that a Chapter 13 bankruptcy filing by an owner wipes out or limits payment of a condominium association's pre-petition claim for unpaid fees and assessments. A recent decision of the United States District Court, on appeal from an order of the U.S. Bankruptcy...
On February 4, 2016, the Appellate Division affirmed an award of treble damages to three new home purchasers, where the developer knew, but failed to disclose, that the garage could not practically fit a normal-sized sedan.[1] Plaintiffs purchased model homes with a two-car garage, but...
In a recent decision the New Jersey Appellate Court held that a lawsuit by a condominium association against the developer and other parties responsible for the negligent design and construction of a condominium, that was filed more than six years after substantial completion of construction,...
Feeling uncomfortable with the length of time that it took for the Office of Foreclosure to enter a Final Judgment of Lien Foreclosure for a Fort Lee condominium, I was excited when the week of the sheriff’s sale finally rolled around. After all, I made...
In a recent Appellate Division decision, a lawsuit that began as a simple action to collect delinquent condominium assessments proved to very costly to the owner. The history of the litigation is instructive on the basic principals of condominium law in New Jersey and the proof...
Several days ago, we all cackled when Fox News aired a story questioning whether a turkey is "fowl play". The story involved an airline passenger accompanied by a turkey. The airline permitted the turkey to board the flight and to obtain its own seat once...
If your condominium association has delinquent owners, fear not the dreaded legal fees. In a decision dated May 1, 2015, the Appellate Division confirmed what community association collection attorneys already know. Condominium owners are statutorily and contractually obligated to pay monthly maintenance fees. Most governing...
A recent decision by the Appellate Division of the Superior Court of New Jersey confirmed the scope of the ADR requirement set forth in Bell Tower v. Haffert, 423 N.J. Super. 507 (App. Div. 2012). In The Glens at Pompton Plains Condominium Association, Inc. v. Van Kleeff, decided...