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Last Entry: March 31, 2011 at 10:15:40

Appealing a Zoning Officer's Decision

Posted on August 16, 2010
If you are denied the issuance of a permit on the basis that the proposal violates the zoning ordinance, you may wish to seek an appeal of the zoning officer's decision. An appeal of any order, requirement, decision or refusal made by an administrative officer based on the zoning ordinance is brought by an appellant to the zoning board of adjustment...

The Top Five Ways Condominiums Get Into Trouble

Posted on August 13, 2010
1. Condominiums always assume any interior damage to a unit is NOT its responsibility. It may be. The board and management must investigate and determine the cause and the surrounding facts regarding the damage. If the Association was negligent, and the damage was proximately caused by that negligence, the Association could be responsible for the interior damage to the unit...

Attention Architects! Don't Forget to Do Your Energy Calculations When Designing for Green

Posted on August 12, 2010
A recent case filed with the New Jersey Superior Court in Burlington County on July 19, 2010, captioned Auburn Road Associates v. Alberto & Associates, shows just how important it is to maintain careful attention to detail when designing or planning for a high performance building...

YAZŽ Mass Tort Litigation Ordered To File Master Consolidated Complaint

Posted on August 09, 2010
The parties involved in the YAZ® Mass Tort litigation have been ordered file a Master Consolidated Complaint ('Master Complaint'). The Master Complaint will supplement the Complaints that have been filed in the individual cases, as well as serve as a reference for incoming plaintiffs...

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Court Finds Limited Coverage for Condo under D&O Policy Language

Posted on August 05, 2010
Further evidence that coverage under D&O policies is extremely narrow, the 11th Circuit determined once again that a D&O carrier did not have an obligation to defend an Association that was sued for, among other things, breaching its fiduciary duty to the unit owners...

Financial Incentives for Commercialization of Clean Energy Technologies

Posted on August 04, 2010
On July 15, 2010, the U.S. Department of Energy (DOE) announced that it was making available $30,000,000 in federal funds for qualified small businesses to support the commercialization of 'near-term clean energy technologies,' such as innovations that utilize solar, wind, biomass or fuel cell technologies and nuclear or fossil energy through the Small Business Innovation Research program and the Small Business Technology Transfer program...

Being Finicky about Products and Materials Selection Criteria Is Essential to Creating a Genuinely Green Home

Posted on July 29, 2010
When contracting to build a high-performance home that is worthy of the label "green," it is essential for the future homeowner to have someone on the project team who has experience in and understands energy-efficient building materials, appliances and products...

Florida Law finally catches up with Stark & Stark

Posted on July 26, 2010
Florida law now permits homeowner associations to do what Stark & Stark has been encouraging its associations to do for years. The Florida legislature recently passed a law that allows homeowner association's to go after renters for association fees when the homeowners fail to pay their monthly maintenance fees...

Policing Unfair and Deceptive Environmental Product Claims in Advertising

Posted on July 22, 2010
Vincent J. Mangini, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, authored the article, Environmental Law: Policing Unfair and Deceptive Environmental Product Claims in Advertising, for the July 19, 2010 New Jersey Law Journal...

Repayment of 401 (k) Loan is Not Disposable Income Under Chapter 13 Bankruptcy Plan, But Creditors May be Entitled to Step Up Plan

Posted on July 20, 2010
In a letter opinion dated June 14, 2010, the Bankruptcy Court confirmed that under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ('BAPCPA') a debtor is not required to contribute money to a Chapter 13 Plan that is presently being used to repay a loan borrowed against a 401(k) plan...

Appeals Court Grants Sidewalk Liability Protections to Residential Condominium Associations

Posted on July 20, 2010
The New Jersey Court of Appeals has ruled in a case of first impression that a condominium association, when it is primarily residential, cannot be sued for injuries occurring on abutting public sidewalks. The Appeals Court stated: 'The principal, novel issue presented...

Superior Court of New Jersey Affirms Trial Court's Ruling in Eminent Domain Case

Posted on July 16, 2010
On July 15, 2010, the Appellate Division of the Superior Court of New Jersey affirmed a trial court's ruling that a billboard owned by Lamar Advertising of Penn ("Lamar") is personal property for purposes of eminent domain. Lamar entered into a lease with the property owner and built a billboard on the property...

Stark & Stark Obtains $1,200,000 Settlement in Condominium Construction Defect Case Including Mold, Window and Roof Defects

Posted on July 16, 2010
A condominium located in Bergen County, New Jersey has accepted a total settlement of $1.2 million for various transition-related construction defects. Mark M. Wiechnik, David J. Byrne and Thomas J. Pryor of Stark & Stark obtained the settlement on behalf of the third-party plaintiff condominium association, which experienced roof leaks, window problems and other construction related issues, shortly after the unit owners were elected to the Board of Directors of the Association...

J.P. Morgan Sues Former Adviser

Posted on July 13, 2010
Thomas B. Lewis, Chair of Stark & Stark Employment Litigation Group, was quoted in the July 7, 2010 Reuters.com article, J.P. Morgan sues former adviser. Mr. Lewis comments on the recent case filed by J.P. Morgan Chase & Co in response to a former advisor who left J...

BuildingsNY/Green BuildingsNY Conference - Jacob K. Javits Center

Posted on July 09, 2010
On June 17, 2010, I attended the BuildingsNY/Green BuildingsNY Conference at the Jacob K. Javits Center in New York City and was absolutely amazed at the number of vendors who were present and the array of educational programs that were available to attendees...

Stark & Stark Shareholder Featured in South Jersey Building News

Posted on July 08, 2010
Gary S. Forshner, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, was featured in the June 2010 edition of the South Jersey Building News, published by the Builders League of South Jersey. The piece discusses some hot topics affecting the real estate today, and highlights Mr...

Promotions East Conference - Atlantic City

Posted on July 07, 2010
On June 8, 2010, I attended the Promotions East 2010 Conference in Atlantic City, New Jersey and was interested to see how many companies selling promotional items that have either a line of green products or are entirely green. Everything from 'eco-friendly packaging' to biodegradable water bottles to recycled paper and logo floor mats were on display...

Closely Held Business - Loans to Directors, Officers or Employees

Posted on June 29, 2010
New Jersey law permits loans to directors, officers or employees only if a benefit to the corporation can be reasonably expected. That section also requires the approval of the board of directors. Based upon the statutory language and the general duties of care and loyalty which applies to members of the board of directors they may only approve these loans if there is reasonably expected to be a benefit to the corporation...

The Right to Resign under the New Jersey Limited Liability Company Act

Posted on June 23, 2010
As more and more business owners are forming limited liability companies ("LLC's") to operate their businesses, familiarity with the statute that governs limited liability companies (which in New Jersey is the New Jersey Limited Liability Company Act (the "LLC Act")) is important...

Business Continuity and Survival Planning for Property Management Companies and Community Associations

Posted on June 23, 2010
On Friday, June 18, 2010, Richard B. Linderman, Shareholder and member of the Community Associations group presented a seminar regarding business continuity and survival planning for property management companies and community associations. The seminar was presented at the offices of JGS Insurance in conjunction with their presentation of the TrackMyCerts online program...

Campus Associates v. Zoning Board of Adjustment: Property Owner may have Standing to Challenge Denial of Application Brought by Contract Purchaser

Posted on June 21, 2010
In Campus Associates v. Zoning Board of Adjustment, a contract purchaser brought an application before the local zoning board of adjustment for a use variance to construct affordable housing. The zoning board ultimately denied the application and the contract purchaser opted not to appeal...

Police Lay-offs In New Jersey Contemplated

Posted on June 18, 2010
According to last week's Trenton Times, 50% of the State's municipalities plan to lay off police officers this fiscal year, with most of the lay-offs occurring before June 30, 2010. A layoff of police officers would seem to be the last thing a municipality would want to do, however, the individuals who make these kind of choices are generally not police officers...

Coordinating Green Building Design Goals with Historic Preservation

Posted on June 17, 2010
A developer should be especially careful when constructing a new green building within an historic district or within the viewshed of an historic building and when renovating an historic building into an energy-efficient structure. Not only should a developer want to harmonize modern, energy-efficient design with the attributes of an historic building or neighborhood, but a developer may have to do so depending on the circumstances...

Stark & Stark Shareholder Presents Seminar With Respect to Community Associations, Reserves and Loans

Posted on June 16, 2010
Shareholder and Co-Chair of Stark & Stark's Community Association & Co-Op & Condominium Group, David J. Byrne, presented materials on financial issues relating to community associations including reserves and loans. The seminar was entitled "Community Associations, Reserves and Loans...

Minority Oppression: Conflicts of Interest - Taking Advantage of a Business Opportunity

Posted on June 15, 2010
A common theme through out previous blog posts is the basic concept that majority shareholders, officers and directors are fiduciaries. As a result of that position they owe to the corporation itself along to the other shareholders duties of care, loyalty and good faith...

Albert Stark - Writer, Mentor, Cheerleader

Posted on June 14, 2010
The Sunday Trenton Times recently published an article featuring our Shareholder Albert Stark. It was the satisfaction he derived from becoming involved in people's lives that drew him into personal injury law. He had set out to practice urban planning and land development law but changed his mind after sudden and dramatic setbacks...

Card Check Legislation Languishes

Posted on June 11, 2010
Before the Great Recession pounced on us in the summer of 2008, the hottest legislation to hit Capitol Hill was 'card check,' otherwise known as the Employee Free Choice Act. In general, the Act would make union organization much simpler, eliminating formal voting and replacing it with members simply filling out cards until the requisite number was reached to justify the formation of a union local...

Are Your Franchisees Your Employees?

Posted on June 11, 2010
Stark & Stark Franchise attorney, Adam J. Siegelheim, presented a seminar Wednesday June 9, 2010 entitled, Are Your Franchisees Your Employees? The webinar discussed the recent case, Awuah v. Coverall N. Am., Inc., in which the court held that certain franchisees were the franchisor's employees...

Hot and Green Legal Topics: Round 2

Posted on June 07, 2010
The following is an article entitled Hot and Green Legal Topics: Round 2 written by Vincent J. Mangini taken from the May 2010 edition of The Cutting Edge: There has been quite a flurry of legislative activity this year in the arena of green building and renewable energy...

Developing Interior Fit-out Guidelines for Tenant Spaces in Green Building

Posted on June 03, 2010
A landlord who has constructed or renovated a building to meet a given green building certification protocol, such as the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System, should develop interior fit-out guidelines for incoming tenants to achieve and sustain energy efficiency goals and preserve the integrity of the building...

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