Community Association Law Blog

Byrne set to speak at Webinar

Ansell Grimm August 12, 2021

David J. Byrne Esq., Chair of Ansell Grimm & Aaron’s Community Association Law Group, will be a featured presenter at the Community Associations Institute of New Jersey’s Wednesday, August 18^th, Webinar. CAI’s Webinar one-hour Webinar will begin at noon. Mr. Byrne’s presentation will focus on the rights of, and strategies available to, community associations facing demands for accommodations, emotional support and service animals.

Registration is free and currently open for all CAI-NJ members via the CAI-NJ website. Community association managers will receive 1 CEU credit for attending.

Patterson Appointed HVCAI President

Ansell Grimm January 12, 2021

Stacey R. Patterson, Esq. has been appointed as the 2021 President of the Community Association Institute Hudson Valley Chapter Board of Directors. Ms. Patterson has been an active member of the Chapter since 2010 and a member of its Board of Directors since 2017. Ms. Patterson previously served on the Chapter’s executive committee, taking on leadership roles in numerous seminars and educational sessions offered by the Chapter. In her new role as President, she is looking forward to implementing new ways to increase membership and to convey important information to its current members during these unprecedented times.

Ms. Patterson has served as counsel with Ansell Grimm & Aaron PC in the Community Association Law practice group for the past 6 years. Since 2000, she has represented community associations in transactional, litigation, and government-related matters. Ms. Patterson has extensive experience in dealing with issues pertaining to the Non-Profit Corporations Acts, Condominium Acts, and Real Property Acts in New York and New Jersey.

Ansell Grimm & Aaron’s Community Association Practice Group Chair David Byrne leads CAI discussion on HOPA Compliance

Ansell Grimm May 14, 2018

Community Association Group Practice Chair David Byrne leads CAI discussion on HOPA Compliance.

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Byrne shares knowledge of HOA lien foreclosure process

Ansell Grimm May 5, 2017

The foreclosure of a condominium and/or homeowners’ association lien is unique and multi-faceted process. While there are some similarities, there are many, many differences between a lien foreclosure and a residential mortgage foreclosure. Attorneys unfamiliar with those differences, and with the overall lien foreclosure process, can do a great disservice to their condominium and association clients. In the April issue of , Ansell Grimm & Aaron Partner, and Chair of the firm’s Community Association Law practice area, David J. Byrne, Esq., called on his more than two decades of experience in the field to detail some of the unique aspects of the lien foreclosure process, as well compare that process with that of a residential mortgage foreclosure process.

Wiechnik wins $2M verdict for Falcon Ridge

Ansell Grimm March 31, 2017

The Superior Court of New Jersey recently entered a $2M, verdict against Silver Fox, LLC, and in favor of Falcon Ridge Condominium Association, Inc. Falcon Ridge is a 27 building condominium situated in Hamburg New Jersey. Silver Fox, LLC, is the successor sponsor and developer of Falcon Ridge.

Falcon Ridge originally filed suit in December 2011, asserting a variety of claims, including negligence, breach of warranty and breach of implied warranty. Falcon Ridge’s expert, Mitchell Frumkin of KIPCON, Inc., estimated that Silver Fox’s negligence and breach of warranty caused $1,782,000.00, worth of damage to Falcon Ridge’s owners and residents. The parties attempted mediation, but the matter was not able to be settled amicably.

After a two-week, non-jury, trial, the Honorable Frank J. Deangelis ruled that Silver Fox had negligently constructed common elements. He ruled further that Silver Fox breached both implied and express warranties, in regards to Falcon Ridge’s buildings.

Mark Wiechnik, Chair of Ansell Grimm & Aaron’s Community Association Law Group’s Construction Defect Practice, oversaw the litigation since its onset, and personally represented Falcon Ridge at trial.

For questions concerning construction defects or any other litigation matters, please contact Mark Wiechnik, Esq. by email at mmw@62q.f7d.myftpupload.com.

Linderman selected as Author of the Year by NJ CAI

Ansell Grimm February 22, 2017

Rich Linderman (center) was honored at NJ CAI’s Annual Awards Dinner as both author of the year and for his work on the revamping the organization’s magazine Community Trends, as part of the Editorial Committee.

We are pleased to recognize that Richard B. Linderman, a partner in the Community Association Practice group for being honored as the Author of the Year by the New Jersey Chapter of Community Associations Institute at its Annual Awards Dinner on Feb. 17 at the Palace at Somerset Park.

Richard’s article for the December 2016 issue of CAI’s Community Trends magazine, “The Changing Shape of Our Neighborhoods” took a look at how the communities we build shape our lives and how they are shaping communities today. In addition to the individual honor, Richard is a member of the organization’s Editorial Committee, selected as Committee of the Year by NJ-CAI’s membership, after relaunching and improving Community Trends.

Along with Richard the committee members were, Robert Arnone, Mary Barrett, Joe Chorba, Dan Fusco, Bill Harvey, Melissa Lathrop, Angela Morisco, Kari Valentine and Committee Chairman Robert Roop of Lockatong Engineering, Rosemont. Congratulations to the Editorial Committee on your achievement and award!

Law Governing Association Elections & Board Member Removal Advances in New Jersey Assembly

Ansell Grimm June 30, 2015

The New Jersey Assembly Housing and Community Development Committee recently favorably reported its Bill No. 3069. If adopted by the full Legislature, and signed by the Governor, New Jersey’s Planned Real Estate Development Full Disclosure Act (PREDFDA) would be amended to further regulate the elections, and board of trustee service, of condominiums and homeowners’ associations.

More specifically, the boards of associations with less than 11 homes would be limited to only three (3) members. The boards of all other associations must have five (5) members unless that association’s bylaws provide otherwise. The law would mandate certain election-related procedures, including anonymous owner voting. It would also create a rather specific process by which member of an association’s board could be removed therefrom. The existing board would have certain powers to remove a board member, following the request of a small portion of the owners.

Further, regardless of the provision(s) set forth in an association’s bylaws, 10% of the owners could force the association to have a special owners meeting for the purpose of board member(s) removal. Not unexpectedly, this law would enlarge the existing regulatory powers of New Jersey’s Department of Community Affairs, empowering it to oversee associations’ compliance. If you have any questions about this pending law, about any other pending law and/or an existing law, relating to New Jersey’s community associations, please contact us.”

– David Bryne

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Court Validates Condominium Board’s Refusal to File Insurance Claim In Connection with a “Unit”

Ansell Grimm June 30, 2015

Because of a faulty thermostat, John and Nancy Buchler unknowingly constantly ran the heat in their condominium unit at a very high temperature. The continuous heat resulted in ‘cracks in the dry wall, damage to the ceilings and woodwork, and damage to the furniture and floors’, as well as damage to the unit’s other thermostat. The master deed includes within its definition of “Units” the following: “appliances …interior partitions, and other improvements located within or appurtenant to the UNIT on the interior side of all walls within the unit.’ It defines ‘common elements’ as ‘all land and all portions of the property not located within any UNIT’.

This condominium maintained insurance coverage ONLY to the extent required by New Jersey’s Condominium Act (the “Act”), its master deed and its bylaws. Since those documents mandate only coverage to include ‘all areas of the building not owned by UNIT OWNERS’, and the Act mandates only coverage for ‘all common elements and all structural portions of the condominium property,’ this condominium purchased a commercial property insurance policy covering only the condominium’s ‘common elements’. The policy’s endorsement further clarified the scope of the condominium’s coverage, ensuring that there was/is no coverage for any portion of the condominium that is ‘reserved for’ a unit ‘owner’s exclusive use or occupancy.’

As is far too often the case, the Buchlers did not have personal insurance covering their unit. The condominium refused to file a claim with its carrier with respect to the Buchlers’ interior damage. The Buchlers sued the condominium arguing that it was obligated to file an insurance claim. The court eventually dismissed the Buchlers’ complaint against the condominium. The court found that the condominium maintained insurance coverage to the extent it was/is required to maintain, and that said insurance provided coverage for only ‘common elements’ and those areas of the condominium not ‘reserved for’ an ‘owner’s exclusive use or occupancy’.

Since the Buchlers’ damage was limited to those things set forth above, the court found that there was/is no common element damage. The court found the condominium’s refusal to make an insurance claim proper.

The court’s decision in John Buchler, et al v. Club Regatta Condo Association, et al, provides support to those condominiums seeking to manage insurance-related costs by limiting the scope of its insurance coverage to only that which is expressly mandated by the Act and the particular condominium’s master deed and bylaws. It provides support as well to those condominium boards hoping to limit the nature, amount and scope of insurance claims that actually are filed by that condominium.

— David Byrne

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Wiechnik to Share Construction Defect Litigation Expertise

Ansell Grimm June 22, 2015

Mark M. Wiechnik, a partner in Ansell Grimm & Aaron, P.C.’s community association practice group, will be a featured speaker at the National Business Institute’s August 20 seminar on Construction Defect Litigation at the Sheraton Atlantic City Convention Center Hotel. Mr. Wiechnik will be speaking about recent decisions that may affect pending and future cases.

To register for the seminar please visit the NBI website at: Construction Defect Litigation from A to Z. Attendance at the seminar satisfies state-mandated continuing legal education requirements for New Jersey, New York and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at noon. Discounted pricing is available through July 9.

New Jersey Cooperator’s Condo, HOA, Co-op & Apt. Expo

Ansell Grimm May 7, 2015

Visit Ansell Grimm & Aaron’s Community Association Practice Group at Booth # 700 at the The New Jersey Cooperator’s Condo, HOA, Co-op & Apt. Expo on Saturday, May 9th from 10:00 a.m. to 4:30 p.m. at the Meadowlands. You can still register for the Expo at www.nj-expo.com – it’s quick, easy, and there’s no cost to attend!

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