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New Jersey Law Blog

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

Standing to Negotiate Property Acquisitions

Posted on October 06, 2008
A redevelopment entity may authorize a redeveloper to negotiate directly with the owners of properties slated for condemnation under a redevelopment plan. This authorization may be granted by way of a redeveloper’s agreement with the condemning authority...

Adding Insult to Injury - Kara Homes Sues Contractors and Suppliers for the Return of Hard Earned Money

Posted on October 03, 2008
The rise in bankruptcy filings has heightened the angst of contractors and suppliers working with residential builders who are worried that more companies will follow the path of Kara Homes and Elliot Builders and seek bankruptcy protection. The Fed’s proposed $700 billion bailout may jump start the residential real estate market and help some smaller builders avoid bankruptcy, however, for those contractors and suppliers tied-up in the Kara Homes case, lookout for the recently filed preference lawsuits...

New York City Pet Laws Affect Boards And Dog Owners In Cooperatives And Condominiums

Posted on October 03, 2008
New York City cooperative and condominium owners consider their pets to be members of their families. At the other end of the spectrum are people who may have violent allergic reactions when they come into contact with dogs, or who just prefer not to share their common living space with someone else's four-legged friend...

Marriage or Marriage-Type Relationships Are Required For Adoption

Posted on October 02, 2008
Despite the fact that the biological father had a history of mental health problems, substance abuse, and criminal involvement, a New Jersey Superior Court recently refused to consider the maternal grandfather’s application to adopt his granddaughter, and thus terminate the parental rights of the father...

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Proposed Legislation Would Allow Energy Subcode To Be More Restrictive Than National Model Codes

Posted on October 01, 2008
On January 8, 2008, the Assembly and the Senate each introduced a bill (A1629, S702) that would, if enacted, amend Section 5 of the Uniform Construction Code Act (P.L. 1975, c.217) codified at N.J.S.A. 52:27D-123, to empower the Department of Community Affairs to adopt an energy subcode that exceeds national model code standards...

Age is More than a Number in Adult Adoption Cases

Posted on September 30, 2008
The New Jersey Statute regarding adult adoption requires at least a ten year age difference between the adopting person or persons and the adoptee. A recent New Jersey Superior Court reasoned that this requirement served to ensure that some resemblance of a parent-child relationship exists between the parties...

Buying an Existing Business -- What to Consider

Posted on September 29, 2008
Cary S. Kvitka, member of Stark & Stark's Business & Corporate and Franchise groups, authored the article Buying an Existing Business — What to Consider for the September 2008 issue of Mercer Business Magazine. Mr. Kvitka discusses the risks associated when opening a business - whether it is your first business or you are an established business owner looking to expand into a new market...

New Expansion of Discrimination/Sexual Harassment Law

Posted on September 26, 2008
In an interesting new development, the Appellate Division of New Jersey, in the matter of Cerdeira v. Martindale Hubbell, Appellate Division A-5855-06T1 (September 18, 2008) has expanded liability for discrimination in situations where: (a) an employee is subjected to discrimination/harassment by a co-worker (as opposed to a supervisor); and (b) the employer does not have an effective policy for employees to use in reporting harassment...

Bill Singer Comments on Recent Market Meltdowns

Posted on September 23, 2008
In the wake of the Bear Stearns collapse just months ago, the announcements last week that Bank of America would buyout Merrill Lynch, that Lehman Brothers had filed for bankruptcy, and that the Federal Government would give AIG $85 billion in order to avoid bankruptcy left many wondering what happened and why? Bill Singer, Shareholder of Stark & Stark's Securities group, has had extensive experience with similar situations during his time as a regulator with the National Association of Securities Dealers and the American Stock Exchange...

New Jersey Will Not Require Older High-Rise Condominiums and Cooperatives to be Retrofitted with Fire Suppression Systems

Posted on September 23, 2008
As previously reported by the Community Association Group, automatic fire suppression systems have been required by state law in residential buildings of six stories or higher since 1989, older condominium and co-op buildings have been exempt from these requirements...

Standing to Appeal From Adverse Decision Without Redevelopment Entity

Posted on September 22, 2008
The Appellate Division of the New Jersey Superior Court in Quagliariello v. Township of Edison, an unreported decision, held that a redeveloper may not stand in the shoes of a municipality on appeal from adverse decision. According to the Court, once "[t]he municipality abandons its purpose to redevelop ...

What To Include In Your Limited Liability Company's Operating Agreement

Posted on September 19, 2008
In a limited liability company (LLC), if no operating agreement (the agreement between the members of the LLC) is in place, the limited liability company statute of the state where the LLC was formed controls the relationship between the members of the Company...

Partition Actions When Property Co-Owners Can't Agree

Posted on September 18, 2008
What happens when co-owners can’t agree on how to share the ownership responsibilities of a piece of real estate? Perhaps it is a residence, a commercial property or vacant land and the owners cannot agree on how to share the payment of taxes, costs of maintenance, or need for improvements to the property...

2009 New Jersey Court Rule Changes Affecting Foreclosure Practice

Posted on September 17, 2008
With the growing rate of foreclosures, a number of changes were made to the Court Rules affecting foreclosure practice with the intent to streamline the procedures for foreclosure filings. The set of Rule changes, effective September 2008, were intended to expedite the foreclosure process, while affording Defendants additional protections...

Richard Linderman attends Unity Day 2008 in Newark, New Jersey

Posted on September 15, 2008
Stark & Stark was a proud sponsor of the Community Hills Condominium Association’s 1st Annual Unity Day held on Saturday, August 9, 2008. Unity Day was an opportunity for the members of the Association to join together with others in the community and elected officers to strengthen bonds and form relationships...

Stark & Stark Opens an Office in Westchester County and Expands its New York City Operation, Adding a New Lawyer to its Manhattan Office

Posted on September 15, 2008
Stark & Stark’s Community Association Group recently opened an office in Tarrytown, Westchester County, New York. We are excited to serve our Orange, Rockland and Westchester County clients via a local office. The group also recently added Stephen M...

Save some paper, save some trees

Posted on September 15, 2008
We all know that each one of us can make a difference in our country's need to free itself of its dependence on foreign oil, and to slow the effects of carbon emissions. Stark & Stark’s community association group is beginning to do its part...

Existing and Pending State Laws concerning Community Associations and "Going Green"

Posted on September 15, 2008
It is important for associations, their members, their boards, their management team and their service providers to constantly review and consider the nation's continual push to end the country's dependence on foreign oil, and to minimize the adverse effects of energy use...

Current Economic Climate Encourages Homeowners and Associations to "Go Green"

Posted on September 15, 2008
Many things have been written lately on the topic of going green. Car manufacturers are promoting their new “hybrid” models, companies are conducting “energy audits” of their buildings to assess whether they can help reduce their overall carbon footprint and individual homeowners are altering their lifestyles in order to reduce their energy consumption...

The "Green" Association

Posted on September 15, 2008
Whether or not it is an issue near and dear to your heart, one cannot deny that this “Green Revolution” has taken its hold of every aspect of our daily life, modifying the behavior and attitudes of the many, including community association members...

Balancing the Ongoing 'Green Revolution' & Fiduciary Duty, Restrictive Covenants, Rules and Regulations

Posted on September 15, 2008
The country and her citizens continue to seek ways - both large and small - to lessen our dependence on foreign oil, and help stem the tide of global climate change. In turn, community association members, and management professionals, will continue to seek modifications to homes and changes to owner conduct that may implicate or violate covenants and/or rules...

Governor Signs Community Age Restriction Legislation Into Law

Posted on September 09, 2008
Senate Bill 88/Assembly Bill 305, which is intended to prevent the improper sale or transfer of property to those who do not meet the age requirements of a senior community, was signed into law yesterday by Governor Jon Corzine. The Bill, initially introduced by Senator Christopher J...

Redevelopment Plan - Implementation

Posted on September 08, 2008
The Local Redevelopment and Housing Law provides a municipality with a number of options for implementing a redevelopment plan. A municipality may serve as the redevelopment entity or may delegate this function to a municipal redevelopment agency, a municipal housing authority authorized to exercise redevelopment powers or a county improvement authority authorized to undertake redevelopment projects pursuant to the County Improvement Authorities Law, N...

Capital Reserve Studies & Projects for Communities

Posted on September 05, 2008
Mary W. Barrett, Counsel and member of Stark & Stark's Community Associations group, will present a seminar entitled Capital Reserve Studies & Projects for Communities for the New Jersey chapter of the Community Associations Institute...

Residential Construction Liens - 90 days does not mean 90 days

Posted on September 04, 2008
Subcontractors are often times hired by Associations to perform various kinds of work for both unit owners and for the Association. In certain circumstances, contractors may file liens against a particular property to ensure that they are paid for their work...

Enforcement of Child Support and Alimony Order From Other States

Posted on September 04, 2008
In this ever transient society, it is possible that a person seeking enforcement of a support order in New Jersey, whether child support or alimony, may have obtained that order in another state. In an effort to have uniformity among all the States in the United States, each State has adopted the Uniform Interstate Family Support Act (UIFSA), which establishes the method to enforce a support order when one or both parties have moved from the State of initial jurisdiction...

What Every builder Should Know About the New Jersey Consumer Fraud Act

Posted on September 03, 2008
John Randy Sawyer, Shareholder in Stark & Stark's Construction Litigation group, authored the article What Every Builder Should Know About the New Jersey Consumer Fraud Act for the August 2008 New Jersey Builders Association's monthly newsletter, Dimensions...

Stark & Stark Shareholder Receives 40 Under 40 Award

Posted on August 29, 2008
David J. Byrne, Shareholder in Stark & Stark's Community Associations group, was awarded the 40 Under 40 award by the New Jersey Law Journal. The 40 Under 40 award features 40 attorneys the New Jersey Law Journal believes are worthy of profiling, due to their backgrounds, dedication, talent and vigor...

How to Handle a Chapter 11 Bankruptcy Filing

Posted on August 26, 2008
Thomas S. Onder, member of Stark & Stark's Bankruptcy & Creditor's Rights group, was featured in the article How to Handle a Chapter 11 Bankruptcy Filing for the August 25, 2008 edition of NJ Biz. In the wake of the recent high profile bankruptcies of companies such as Linens 'n Things and Boscov's more and more companies are feeling the need to file for bankruptcy protection...

Redevelopment Plan - Content

Posted on August 25, 2008
Redevelopment plans are governed by the Local Redevelopment and Housing Law at N.J.S.A. 40A:12A-7a and consist of six basic categories. First, subsection (1) of the aforesaid statutory section requires redevelopment plans to discuss the relationship of the redevelopment plan to local objectives, including land uses, density of population, traffic and public transportation, public utilities and recreational and community facilities...

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