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Community Association

  • General counsel to condominiums, cooperatives, and homeowners associations (HOAs) statewide, advising on governance, compliance, real estate, and litigation matters
  • Governance, policy development, delinquent collections, risk management, and compliance with federal and state housing and discrimination laws
  • Complex disputes and litigation, including construction defect claims, contested elections, and discrimination matters

Attorneys in Greenbaum’s community association practice have provided cutting edge legal advice and effective solutions to a multitude of condominiums, cooperatives and homeowners associations (HOAs) throughout New Jersey for over four decades. The firm is proud to enjoy a statewide reputation as a pioneer and present-day leader in this complex and highly specialized area of the law.

Our team strives to empower associations by working closely, efficiently and responsively with board members and property managers to provide general corporate counsel on a broad range of legal issues facing common interest communities. Our expansive and multi-disciplinary experience addresses our clients’ interests across all facets of real estate, corporate, governmental and environmental law and related litigation.

Serving as general counsel for numerous community associations throughout New Jersey, the firm’s legal services in this practice area are comprehensive and include:

  • Transition counseling, negotiations and litigation
  • Collection of delinquent unit owner accounts
  • Construction defect litigation
  • Interpretation of association documents including Master Deed, Declaration, Bylaws, Rules and Regulations
  • Drafting of policy and administrative resolutions and amendments to governing documents  
  • Advising on the fiduciary responsibilities and obligations of board members
  • Negotiation and drafting of purchase and/or service contracts with outside vendors  
  • Defense of discrimination claims, including those brought under the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), and New Jersey’s Law Against Discrimination (LAD)
  • Alternative dispute resolution laws and requirements  
  • Capital improvement projects and related financing 
  • Insurance coverage and risk management issues
  • Land use and zoning issues, including representation before municipal or county planning or zoning boards
  • Bankruptcy options for distressed communities  
  • Compliance with federal, state, and municipal laws and administrative rulings and regulations
  • Governmental relations, including issues related to New Jersey’s Municipal Services Act (MSA)
  • Attendance at association meetings as general counsel

Our dedicated community association collections professionals effectively spearhead the collection of delinquent assessments and are highly qualified in civil litigation, foreclosure and bankruptcy procedures. We provide comprehensive guidance and resolution drafting services related to a diversity of policy and administrative issues, including parking and towing regulations; the implementation of a system of fines; due process and alternative dispute resolution; collection of delinquent accounts procedures; placement of satellite dishes; household pet, service and companion animal rules; hot water heater replacement; dryer vent and chimney cleaning; insurance deductibles; and the ethical conduct and confidentiality obligations of board members.

Our work encompasses the amendment of governing documents, including those related to reducing or enlarging quorum, altering common or limited areas, amending the maintenance responsibilities of the association and its members, and establishing or revising membership or capital contribution fees.

We have extensive experience in all facets of community association law and construction defect litigation in New Jersey and have achieved several settlements for association clients in excess of $10 million. We have served as court appointed receivers and as special masters for troubled associations. Our work has included the resolution of many complex association disputes including recall proceedings, contested elections, discrimination issues, and criminal investigations and matters including embezzlement.

The attorneys in this practice area play an integral role in New Jersey’s community association legal domain. The firm has historically been at the forefront of developments that affect community associations in the state and remains on that inside track. We keep our clients promptly informed of legislative initiatives and new developments that impact common interest communities and their governance.

The firm is a founding member of, and maintains a high level of involvement with, the Community Associations Institute’s New Jersey Chapter (CAI-NJ). Members of our community association practice team are the co-authors of the leading resource publication for New Jersey practitioners in this field.

Representative Matters

  • Obtained a monetary judgment on behalf of a condominium association against a developer for nearly $200,000 in damages related to unsold commercial units held by the developer in the association. After selling all of the residential units in a Cape May condominium, the developer of the condominium refused to contribute towards the expenses of the building while continuing to own three large commercial units within the condominium. This left the maintenance and repair of the building solely to the individuals that purchased their homes from the developer to pick up the developer’s short fall for years. Steve filed suit and, in a lengthy written opinion from the judge, successfully obtained a judgment of nearly $200,000, including attorney fees and interest, against the developer for the association.
  • Represented a condominium association in litigation against a developer for alleged construction and design defects and financial misrepresentations, securing an eight-figure settlement during trial.
  • Represented Carlyle Towers Condominium Association, a 280-unit luxury condominium association, in easement litigation concerning critical vehicular and pedestrian access rights, securing summary judgment upholding a 1973 Master Deed easement and preserving essential access to the property. 

Published Cases

  • In Palisadium Management Corp. v. Carlyle Towers Condominium, Inc. (2014), secured summary judgment for a major condominium association in Cliffside Park in a precedent-setting contract dispute, resulting in dismissal of $2.5 million in claimed damages and invalidation of a long-term agreement as unconscionable and void under New Jersey condominium law.
  • Representing a condominium association in $15 million construction and governance litigation against multiple defendants, involving veil-piercing claims and allocation of responsibility for significant structural and common-area defects, while also advising on risk mitigation through renovation and construction contracts.

Announcements

Of Interest