Please check out McGovern Legal Services, LLC as we participate in the 2020 CAI-NJ Virtual Conference and Expo! You can hear about our firm from Fran McGovern by clicking: McGovern Legal Services, LLC
For more information about upcoming CAI-NJ Events click here
Don't forget to sign up for Friday with Fran by emailing us at firmrelations@TheAssociationLawyers.com.
Fran McGovern will be speaking at the Community Association Law Summit.
This popular and highly-acclaimed program is being offered by NJICLE for the tenth consecutive year.
Join this panel of distinguished community association practitioners and consultants for a program that analyzes key issues faced today by community associations. The discussion will include current and controversial topics such as the impact of the coronavirus on community associations; mental and physical conditions of the residents in these communities; the growing risk and reality of cyberattacks in our connected world on community associations; and ethical challenges faced by community association practitioners.
The lunch time presentation will feature a discussion of the sometimes competing interests of a resident’s right to privacy and the association’s responsibility to ensure security throughout the community while protecting that privacy.
Regardless of whether you are experienced in association practice, involved sporadically with association matters, or interested in pursuing the opportunities this field affords, this program will deliver an in-depth look at the most timely and significant concerns of associations governing condominiums and other types of planned communities.
For more information and to register, please click link below.
April 14, 2020
Legislative Bills S2330/A3908 Tabled – For the Moment
I hope you and your family had a nice weekend despite the social distancing. I write to follow up on my April 10th e-mail. This morning the Senate met virtually and tabled S2330. You may read the bill by clicking here: https://www.njleg.state.nj.us/2020/Bills/S2500/2330_I1.PDF. A3908 is currently identical. My understanding is that, when the Assembly meets this afternoon, it will table A3908.
Thank you to everyone who reached out to their Senators and Assembly Members and voiced concern on these bills. They could cripple Condo. Co-Op and HOA cash flow.
The fact that these bills are tabled for the moment however does not mean that we should rest. Versions of these bills will likely resurface shortly.
If you have not done so already, please reach out to your State Senator and Assembly Members and voice your concerns. Contact information for State Senators and Assembly Members may be found here: https://www.njleg.state.nj.us/members/legsearch.asp
I have written the following: “Dear Senator and Assembly Members: Please revisit the above bill and either exempt or make specific provision for collection of Condo, Co-op and HOA assessments. These Associations are financed on zero-based budgets. There is no profit built in. The annual expenses are distributed among the members. If the assessments are not collected, the Associations will not have the funds to pay their expenses.”
I cited the below as language some associations are using when considering forbearance requests:
• Arrearage will accrue for May and June 2020’s assessments (the “Accrued Assessments”).
• Late fees will accrue for May and June 2020’s assessments (the “Accrued Assessment Late Fees”).
• Membership rights will not be suspended for failure to timely pay May and June 2020’s assessments so long as they are paid as provided for in this agreement.
• Unit Owner must timely pay all Association obligations arising on July 1, 2020 and thereafter beginning on July 1, 2020 and thereafter.
• Unit Owner must also pay Accrued Assessments in six equal payments beginning on July 1, 2020 and on the first day of each month thereafter until all Accrued Assessments are paid in full.
• So long as the Accrued Assessments are timely paid in six equal payments beginning on July 1, 2020 and on the first day of each month thereafter and all Association obligations that arose on July 1, 2020 and thereafter are timely paid in full, the Association will waive Accrued Assessment Late Fees;
• So long as this agreement is timely complied with, the Association will forebear from collection action with respect to the Accrued Assessments.
• So long as the Accrued Assessments are timely paid in six equal payments beginning on July 1, 2020 and on the first day of each month thereafter and all Association obligations that arose on July 1, 2020 and thereafter are timely paid, the Association will take no legal action with respect to the Accrued Assessments.
I noted that Associations are addressing forbearance agreements depending on their populations and financial positions. So, for example, certain Associations are forbearing for May and June while others may be forbearing for longer.
I advised that, although we may or may not represent an Association in their District, the Associations in their district work hard to keep the Associations on sound financial footing. I suggested that the Legislators contact the President of one of the Associations in their district for feedback.
Again, please reach out to your State Senators and Assembly Members. Emphasize the great work that you do, emphasize that your Association is showing flexibility via forbearance agreements (if true) and emphasize that, though perhaps well-intentioned, hampering Associations’ ability to collect will do more harm than good. Thank you.
To mitigate the impact of COVID-19 and protect the capacity of New Jersey’s health care system for the state’s most vulnerable, Governor Phil Murphy today signed Executive Order No. 107, directing all residents to stay at home until further notice. The order provides for certain exceptions, such as obtaining essential goods or services, seeking medical attention, visiting family or close friends, reporting to work, or engaging in outdoor activities.
The full order can be found on: https://nj.gov/infobank/eo/056murphy/pdf/EO-107.pdf
Please contact our office with any questions at 732-246-1221. Our office remain open as our dedicated staff are working remotely.
A must attend for all board members, property managers, condo & HOA decision makers and apartment building owners.
Learn about the latest services from more than 300 exhibitors. Attend educational seminars, network with your peers and get free advice from industry experts.
Come visit McGovern Legal Services at booth # 707
For more information click here: https://nj-expo.com/
Thursday, February 20, 2020, 6 - 10 p.m.
Each year, Community Associations Institute celebrates excellence in the industry during the Annual Awards Dinner. McGovern Legal Services attorneys will be attending this annual event.
For more information click here: https://cainj.wildapricot.org/widget/event-3612686
CAI's Law Seminar provides a unique learning opportunity to discuss emerging trends and legislative issues important to the practice of community association law—as well as excellent opportunities for professional networking. The Community Insurance and Risk Management Specialist Insurance Masters Program is conducted concurrently with the Law Seminar.
McGovern Legal Services attorneys will be attending.
For more information, click here.
NJ ICLE Program - Mastering Community Association Law Issues
Please join Fran McGovern of McGovern Legal Services, LLC - Thursday, February 13, 2020, 9:00 a.m. - 1:00 p.m.
Presented in cooperation with the NJSBA Real Property Trust and Estate Law Section and the New Jersey Chaper of the Community Associations Institute. Become a protege of some of the top community association attorneys in the State. Our panelists will share the most current and pressing legal problems that community associations face. Draw on the experience and knowledge of these "masters" and engage in an exhchange on a wide range of topics, such as smoke, harassment in housing, privacy concerns and more. The program also features a lively session of questions and answers from the audience and panelists, and will culminate with a special segment on ethical issues faced by attorneys practicing in this area of law.
Register today to gain a greater understanding of legal issues that arise in the context of community associaiton law, and sound strategies to overcome them.
Please join McGovern Legal Services at the AIA 2019 Tri-State Conference being held on Thursday October 17th at 8:00 am at the Albany Capital Center, 55 Eagle Street Albany NY 12207
As Architects and AEC professionals, you “break ground” every day envisioning and building the spaces where we live, work, learn, heal, and play.
The 2019 Tri-State Conference: Breaking Ground! supports this foundation. A collaboration between AIA New Jersey, AIA New York, AIA Pennsylvania, Breaking Ground! was created to share ideas and technologies that are redefining our profession and industry.
Attendees will have many opportunities to participate in the conference, including:
- Dozens of continuing education seminars
- 22+ LUs | HSWs*
- Full-Day Expo
- Local Tours
- Networking events with the most impressive architects in our area
- The 2019 Tri-State Architectural Excellence Design Awards & Celebration
Associa Cares is a nonprofit organization created to assist families and communities in crisis as a result of natural and man-made disasters. Funded by the generous donations of Associa employees, concerned citizens and vendors, McGovern Legal Services strongly supports all that Associa Mid-Atlantic does for the community and is a proud contributor for this event.