Local Law Blogs

Ruggiero v. Valleybrook HOA - Collecting Maintenance Fees

Posted on July 10, 2008
In the recent case of Ruggiero v. Valleybrook Homeowner’s Association (Valleybrook), the plaintiff, Ruggiero, claimed that the method Valleybrook used to collect maintenance fees was not consistent with all sub-associations, and therefore invalid under the law...

How Wide is the Delaware When You Are Divorcing?

Posted on July 09, 2008
Many residents of Bucks County Pennsylvania work in the adjoining counties of Mercer, Burlington and Hunterdon, New Jersey and vice versa. When those residents experience marital problems, it is not unusual that one or the other of them may relocate from Pennsylvania to New Jersey or vice versa, and may then have a legitimate option to file for a divorce in either state...

The New Predatory Towing Act

Posted on July 08, 2008
Mary W. Barrett, member of Stark & Stark's Community Associations group, authored the article The New Predatory Towing Act for the June 23, 2008 edition of the New Jersey Lawyer.  The article discusses the Predatory Towing Prevention Act, signed into law in October of 2007 by Governor Corzine, which primarily increases oversight of tow companies...

Trans-Gender Issues For Employers Under The New Jersey Law Against Discrimination

Posted on July 07, 2008
Last Summer, the New Jersey Legislature added  “affectional orientation” to the list of protected classes of people under the New Jersey Law Against Discrimination (NJLAD). Now New Jersey employers are faced with another tricky issue on a very practical level which may have not been considered by the Legislature...

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Pennsylvania Legislature Sends House Bill 2295 to Governor Rendell

Posted on July 03, 2008
As a follow up to a recent post the Pennsylvania House of Representatives, on a concurring vote, approved House Bill 2295 yesterday (199-0).  The House originally passed HB 2295 on June 11, 2008. After the House originally approved the Bill in June, it was then sent to the Senate...

Supreme Court Gives Developers Leg Up

Posted on July 03, 2008
Gary S. Forshner and Vincent J. Mangini, Shareholders of Stark & Stark's Real Estate, Zoning and Land Use Group authored the article Supreme Court Gives Developers Leg Up for the June 23, 2008 edition of the New Jersey Lawyer.  The article discusses the March 31, 2008 Supreme Court decision in Toll Bros...

Parenting Coordinator? Custody Mediator? Who's On First?

Posted on July 02, 2008
In a case decided on June 17, 2008, a New Jersey appeals court distinguished the roles of a Custody Mediators from Parenting Coordinators in divorce cases. Essentially, a Custody Mediator, whether court-appointed or privately chosen, is barred from making any recommendations to the court concerning custody or parenting time...

New Jersey's Municipal Services Act Becomes an Adult: Only act in the union that requires municipalities to provide services to private communities

Posted on July 01, 2008
David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, authored the article New Jersey's Municipal Services Act Becomes an Adult: Only act in the union that requires municipalities to provide services to private communities for the June 23, 2008 edition of the New Jersey Law Journal...

What Constitutes "Changed Circumstances" to Reduce Alimony?

Posted on June 30, 2008
On June 19, 2008 a New Jersey appeals court determined that a  police chief's retirement, even if involuntary as claimed, was not sufficient to modify his alimony obligation. The Court found that the trial judge had failed to consider numerous other factors which had  bearing on whether alimony should be reduced or terminated, as defined by statute and case law...

Parenting Issues Can Not Be Arbitrated

Posted on June 27, 2008
In a decision released for publication on June 16, 2008, the New Jersey Appellate Division held that parenting or custody issues can not be submitted to binding arbitration notwithstanding the parties agreement or even a Court Order. (Fawzy v Fawzy, Judge Simonelli) In Fawzy the parties agreed, on the record and in open Court, to submit their parenting disagreement to binding arbitration...

Pennsylvania's House Bill 2295 Moves to Senate

Posted on June 26, 2008
 HB 2295 will provide a condominium association with a"super-priority" lien for assessments payable by unit owners. This means thatan association will be able to collect up to six months of unpaid assessmentsfrom unit owners in the event of a judicial sale, and/or foreclosure of a unit...

Vermont House Bill Which Would Have Rendered Non-Competes Unenforceable Does Not Pass

Posted on June 25, 2008
In a previous blog post I discussed House Bill 790 in Vermont which would have had a substantial negative impact upon franchising in Vermont.  It would essentially void non-compete provisions in franchise agreements.  The Bill apparently languished in committee through the end of the May session, which effectively kills it for the time being...

Cottelli v. Leisure Village East Association - Tort Immunity In Community Associations

Posted on June 25, 2008
In Cottelli v. Leisure Village East Association, plaintiff slipped and fell on snow and ice outside of the condominium association. After the plaintiff filed suit, and before the deposition of the association could occur, the association filed a summary judgment motion stating that tort immunity language within their governing documents absolved them from liability in this case...

Minority Oppression Claims: A Primer on Acting, Standing, Remedies and Valuation

Posted on June 24, 2008
Scott I. Unger, Shareholder of Stark & Stark's Litigation group authored the article Minority Oppression Claims: A Primer on Acting, Standing, Remedies and Valuation for the June 16, 2008 edition of the New Jersey Law Journal. The article addresses what constitutes actionable minority oppression, who has standing to assert minority oppression claims, the remedies available to oppressed parties and the meaning of “fair value” with respect to a court-ordered buyout of a minority shareholder’s interest in the closely held company...

Bill Singer Interviewed on Bear Stearns Hedge-Fund Manager's Indictment

Posted on June 23, 2008
Bill Singer, Shareholder of Stark & Stark's Securities Practice group, was interviewed for Bloomberg Radio regarding the government's case against former Bear Stearns' hedge-fund managers Ralph Cioffi and Matthew Tanni after they were indicted on June 19, 2008...

Binding Arbitration of Child-Related Issues Struck Down

Posted on June 23, 2008
During the past decade divorce lawyers have witnessed the steady growth of "Alternate Dispute Resolution" (ADR) techniques such as mediation and binding arbitration of matrimonial issues. While ADR may be a viable option to a judicial decision, a recent case demonstrates the limits of binding arbitration in the divorce context...

Regulatory Hammer Strikes Again

Posted on June 20, 2008
Gerald Faber, Shareholder of Stark & Stark's Employment, Business & Corporate and Real Estate, Zoning & Land Use Groups authored the article Regulatory Hammer Strikes Again for the June 9, 2008 edition of the New Jersey Lawyer. The article discusses a company's need to have a clear understanding of the Construction Industry Independent Contractor Act (CIICA), as well as the need for employers to follow the requirements outlined in the Act...

Buyers, Sellers - What An Attorney Does For You

Posted on June 19, 2008
When buying and selling a home, many believe that they can represent themselves, or that the others involved in the house sales transaction will adequately protect their interests. But is this a penny-wise and pound foolish approach? Just what does an attorney do when representing a buyer or seller? The attorney’s obligation is to represent their client’s interest exclusively...

Contractors Be Warned: Don't Get Nailed

Posted on June 18, 2008
Michael J. Fekete, member of Stark & Stark's Business & Corporate group, authored the article Contractors Be Warned: Don't Get Nailed for the May 5, 2008 edition of the New Jersey Law Journal.Mr. Fekete's article discusses how contractors can avoid potential liabilities by complying with the New Jersey Home Improvement Contractors Act...

Lost Wages and Employee Negligence

Posted on June 18, 2008
Suits are often filed after the dissolution of a corporation takes place, as an attempt to recover lost wages earned and owed to employees. Cases usually begin with suits filed by the employees seeking to recover their lost wages, and can sometimes result in the filing of counter suits against employees by the managing officers or owners claiming liability for lost profits due to negligence...

Legislative Update: Construction Lien Law

Posted on June 17, 2008
On April 22, 2008, the New Jersey Law Revision Commission issued a revised draft of its tentative report on the Construction Lien Law, N.J.S.A. 2A:44-1, et seq., which includes numerous suggestions that, if enacted, would serve to clarify some and completely change other provisions of the statute...

Same Sex Marriages, Civil Unions and Domestic Partnerships---How and Where Can They Be Terminated?

Posted on June 16, 2008
Massachusetts and, perhaps, California now permit Same Sex Marriages. Several States (including New Jersey) permit same sex Civil Unions or Domestic Partnerships. A Same Sex Marriage can only be dissolved by a divorce and most Civil Union and Domestic Partnership statutes provide that they can only be terminated by an action tantamount to a divorce...

Redevelopment Applications - Consistency Review

Posted on June 13, 2008
Milford Mill 128, LLC v. Borough of Milford, et al. On May 2, 2008, the Appellate Division in Milford Mill 128, LLC v. Borough of Milford, et al. evaluated, among other issues, the validity of a redevelopment plan that required the municipal governing body to review of all proposed redevelopment projects for consistency with the redevelopment plan and any relevant redeveloper agreement as a prerequisite to the filing of an application for development with the local planning board - in this case a joint board - and prohibited the joint board from granting any variances from the plan requiring, instead, that any such deviations be approved by the governing body by way of amendment to the redevelopment plan...

Make Sure to Consider Your Developer's Commercial General Liability Insurance When Negotiating or Litigating Your Community's Transition

Posted on June 12, 2008
Condominiums and HOAs often proceed in transition with the concern that it may not get defects fixed, damages paid and/or funds contributed by developers because a developer may be insolvent, bankrupt, an inactive "shell" company or otherwise asset-less...

Pool Rules and the Fair Housing Act

Posted on June 12, 2008
The Fair Housing Act (the "FHA") makes it illegal to discriminate against any person in the provision of housing-related services and facilities based on familial status. "Familial Status" is defined by the FHA as one or more persons who have not attained the age of 18 who live with a parent or legal guardian...

Condominium Associations and Satellite Dishes

Posted on June 12, 2008
In this digital world that we live in, a common question that arises from our clients relates to what ability a condominium association has to restrict and control the placement of satellite dishes. Issues regarding the placing of satellite dishes tend to arise in associations that are either located in heavily populated urban areas where a direct line of sight to a satellite is not available or in a heavily wooded area where surrounding trees block reception...

Foreclosure Vs. Money Judgment

Posted on June 12, 2008
Owners in a condominium or homeowners association must understand that non-payment of maintenance fees will result in either foreclosure or a personal judgment against them. Maintenance fees are the lifeline of community associations and these associations would not survive without them...

Is a Disability Pension Subject to Equitable Distribution?

Posted on June 12, 2008
It is well-settled law that retirement plans such as pensions, 401(k)s, 403(b)s, KEOUGHs, profit sharing plans, deferred compensation plans and IRAs are subject to equitable distribution in the event of divorce. But what about a disability pension?  Is that an asset accumulated during the marriage and subject to equitable distribution like a retirement pension, or should it be looked at like a personal injury award or worker’s compensation award wherein if it’s attributable to pain and suffering it is not subject to equitable distribution...

Redeveloper Agreements

Posted on June 11, 2008
Monroe Properties, LLC, et al. v. The City of Hoboken, et al. On May 30, 2008, the Appellate Division in Monroe Properties, LLC, et al. v. The City of Hoboken, et al. (and the companion case Hoboken Parks Organization, et al. v. The City of Hoboken, et al...

Cohabitation By An Alimony Recipient

Posted on June 10, 2008
In the world of post-divorce litigation, the issue of cohabitation by an alimony recipient continues to be an area of contention. On the one hand, since there is no longer a duty of marital fidelity, should a former spouse who is receiving alimony be barred from living with whoever he or she chooses, especially since the paying spouse is free to do so? On the other hand, should a person paying alimony be compelled to continue doing so when his or her former spouse is cohabiting instead of remarrying which would terminate alimony? New Jersey courts have wrestled with these issues for years and, while every case is (as we lawyers say) fact-specific, there are legal guideposts to help navigate the terrain...

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