Approximately 4,000,000 of New Jersey’s almost 9,000,000 million residents reside within the community that is governed by associations. These associations come in all sizes and shapes from a few units with common governance to several hundred or thousands of units under a common association umbrella.
Whether you live in a high-rise condominium or cooperative, townhouse structure, retirement community, lake community, golf course community or another form of associated living arrangements, your rights, and obligations within that structure are governed by community association law. This includes New Jersey Statutes such as the Condominium Act, the New Jersey Cooperative Recording Act, the Planned Real Estate Development Full Disclosure Act, New Jersey’s Business Corporation Act, the New Jersey Nonprofit Corporation Act, among other statutes, as well as a number of state regulations. In addition, an Association is governed by its documents of creation (i.e. Master Deed in the context of a condo, Master declaration and Register in the case of a cooperative), its adopted bylaws, rules and regulations and actions of its governing body (usually Board of Trustees or Board of Directors). These various statutory laws and contractual obligations, as well as case-law interpreting same, create an intricate web of governance requiring experienced counsel for proper guidance.
Our Representation in Community Association Matters
We work with management companies to ensure that policies and practices are in place to effectively address the day-to-day affairs of a community association, legally compliant with the laws governing community associations. Among other things, we assist with:
- The preparation of all necessary documents: by-laws, rules and regulations, resolutions
- Issues related to voting rights or the electoral process
- The transition from the builder to the community association
- Transfers of title to units
- The collection of assessments and maintenance fees
- Putting practices in place to ensure that community associations maintain adequate reserves for maintenance and upkeep of common elements and community property
The law office of Jared M. Lans has extensive experience handling issues related to community associations. We are hands-on, working with the association boards and their managing agents to foster effective transparent governance. We encourage long-term approaches to problem-solving so an unpredictable event does not turn into a crisis. We are proud to be part of your governing team, together with management, in assisting your board in the performance of their fiduciary functions and fostering strong leadership to accomplish your community goals.