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

Collecting Unpaid Common Charges in New York

Posted on March 11, 2008
Common charges are essential to the operation of a condominium association. Such charges pay for the care and maintenance of the buildings and grounds, on-site staff, upkeep of recreational facilities, etc. If owners falls behind in common charge payments, the building may face difficulties paying for operating expenses...

Repairs During Transition or Litigation

Posted on March 11, 2008
Organized and thorough records could encourage a contractor or developer to settle a dispute with an association short of trial or even prior to initiating litigation. It is imperative that a specific procedure be put into place and followed with respect to construction issues that arise at an association during transition or when an association is involved with or anticipates litigation with its developer and/or subcontractors...

The Right to Dry: Using Clotheslines in Community Associations

Posted on March 11, 2008
In recent months, articles in numerous publications – including Time, The Wall Street Journal and The New York Times – have examined a growing environmental movement that has been dubbed “The Right to Dry”, namely, the right to utilize clotheslines and air-drying in community associations...

Title 39, New Jersey's Municipal Services and Ownership of a Community's Roads

Posted on March 11, 2008
Very often communities and their boards believe that the benefits and/or protections afforded by what is commonly known as "Title 39", and the protections of New Jersey's Municipal Services Act, are available to communities only to the extent those communities' roads are public (i...

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Thank You for Not Smoking

Posted on March 11, 2008
More than a year has passed since New Jersey enacted its Smoke-Free Air Act (the “Act”) banning smoking in most public places. The smoking ban impacts community association owners because clubhouses fall under the “indoor public place” and “workplace” categories...

Board Member Liability

Posted on March 11, 2008
In most New Jersey Community Associations it is difficult to find qualified and interested persons to serve on the Board of Trustees. Volunteer Board Members must put in long hours for no pay and sometimes little appreciation. Now, consider for a moment if members of Boards were exposed to personal judgments for their actions while serving as a member of a Board...

Stark & Stark Attorney Comments on Governor Spitzer Case

Posted on March 11, 2008
Bill Singer, Shareholder and member of Stark & Stark's Securities group, was interviewed for Bloomberg TV addressing the recent charges against New York Governor Eliot Spitzer. Mr. Singer comments on the allegations of Mr. Spitzer's involvement with Emperors Club prostitutes, and what these charges could mean for Wall Street, and the state of New York...

Thank You for Not Smoking

Posted on March 10, 2008
More than a year has passed since New Jersey enacted its Smoke-Free Air Act (the “Act”) banning smoking in most public places. The smoking ban impacts community association owners because clubhouses fall under the “indoor public place” and “workplace” categories...

Title 39, New Jersey's Municipal Services and Ownership of a Community's Roads

Posted on March 10, 2008
Very often communities and their boards believe that the benefits and/or protections afforded by what is commonly known as "Title 39", and the protections of New Jersey's Municipal Services Act, are available to communities only to the extent those communities' roads are public (i...

The Basics of Custody

Posted on March 10, 2008
The custody arrangement for minor children is often the most important issue in a divorce. There are, of course, cases in which one of the parents has abandoned their parental responsibilities, suffers from various addictions, suffers from a significant mental or emotional condition or are otherwise unfit to assume either physical or legal custody...

The Basics of Custody

DurstNotes on Divorce Law - # 6

Posted on March 07, 2008
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

Thomas Giachetti to Present at InvestmentNews Workshop Series

Posted on March 05, 2008
Thomas D. Giachetti, Chair and Shareholder of Stark & Stark's Securities Practice group, will present at the 2008 InvestmentNews What you Need to Know About Going Independent workshop series for advisers. The series will help you understand the pro's and con's of becoming a Registered Investment Adviser (RIA), and will will provide you with the opportunity to discuss your options with others in your field, educate yourself on the process of going independent, and learn from industry experts what it really takes to make this move...

Eliminating the 80/20 Rule Offers Tax Relief to New York City Co-ops

Posted on March 04, 2008
We all want to enjoy tax benefits and increase the value of our homes. Well, New York City co-ops were formally restricted in that respect pursuant to Section 216 of the Internal Revenue Service (“IRS”) code. This federal tax rule (also known as the “80/20 Rule”) required residential co-ops to get at least 80 percent of their gross income from their tenant-shareholders and no more than 20 percent form other sources like commercial rents...

Stark & Stark Opens Newtown, Pennsylvania Office

Posted on March 03, 2008
The attorneys of Stark & Stark are pleased to announce the opening of the firm’s Newtown, Pennsylvania office. Located at 777 Township Line Road, the firm’s Newtown office will provide a full range of legal services to those living and doing business in Bucks County...

Municipal Services: Is Your Community Association Paying Twice?

Posted on March 03, 2008
Jonathan H. Katz, member of Stark & Stark's Community Associations group, authored the article Municipal Services: Is your Community Association Paying Twice? for the Winter 2008 edition of the Community Association's Community Assets. You can read the full article here (PDF).

DurstNotes on Divorce Law - # 5

Posted on February 29, 2008
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

DurstNotes on Divorce Law - # 4

Posted on February 22, 2008
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

New Law Requires Removal of Snow and Ice From Handicapped Parking Within 24 Hours

Posted on February 18, 2008
On January 13, 2008, Governor Jon Corzine signed into law C. 39:4-207.9, which requires that snow and/or ice must be removed from handicapped parking spaces to provide accessibility for disabled persons within twenty four (24) hours after the weather condition causing the snow or ice ceases...

DurstNotes on Divorce Law - # 3

Posted on February 15, 2008
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

Ensuring the Benefit of the Bargain - Due Diligence for Business Acquisitions

Posted on February 14, 2008
Before purchasing a business, the proposed buyer of company should request and review extensive documents about the target company’s ownership, function, income, assets, obligations and liabilities. That process, called “due diligence” affords the buyer the last real chance understand exactly what he or she is buying...

Kerviel Haunts Credit Agricole, HSBC and Toronto-Dominion Too

Posted on February 13, 2008
Bill Singer, Shareholder and member of Stark & Stark's Securities group, was quoted in the article Kerviel Haunts Credit Agricole, HSBC and Toronto-Dominion Too on Bloomberg.com. Mr. Singer was interviewed for the article and credits the recent $7...

New York Condominiums Sue Town Over Municipal Services

Posted on February 12, 2008
In late January, a group of condominium associations and owners filed suit against the Village of Piedmont, charging that Piedmont had violated their civil rights and failed to provide equal protection under the law as a result of unfair taxes and assessments...

Case Denying Coverage Has Limited Relevance

Posted on February 11, 2008
Thomas J. Pryor, Shareholder and member of Stark & Stark's Insurance Coverage & Liability and Litigation groups, has authored the article Case Denying Coverage Has Limited Relevance: Recent appellate decision did not shore up erosion of Weedo's current relevance for the February 4, 2008 issue of the New Jersey Law Journal...

DurstNotes on Divorce Law - # 2

Posted on February 08, 2008
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

Failure to Respond to a Tax Assessor's Chapter 91 Request May Not Bar An Appeal

Posted on February 07, 2008
Timothy P. Duggan, Shareholder and member of Stark & Stark's Condemnation and Bankruptcy & Creditor's Rights groups, has authored the article Surviving the Silent Killer: Failure to Respond to a Tax Assessor's Chapter 91 Request May Not Bar An Appeal for the January 28, 2008 issue of the New Jersey Law Journal...

Higher Foreclosure Rates Mean Closer Oversight By Associations And Managers

Posted on February 06, 2008
It seems impossible to watch the news or read the paper these days without hearing about the troubled real estate market, as well as the troubles Americans are having with their mortgages. According to the California-based real estate tracking company, RealtyTrac, roughly 2...

Counsel Fees & Costs May Be Awarded In A New Jersey Law Against Discrimination Case

Posted on February 05, 2008
In a recent Appellate Division case, Michael vs. Robert Wood Johnson University Hospital, et al., the New Jersey Superior Court - Appellate Division was presented with a question of whether reasonable counsel fees could be awarded to a Defendant who prevails in an action under the New Jersey Law Against Discrimination...

Equitable Distribution in Domestic Partnerships

Posted on February 04, 2008
In the first decision of its kind in New Jersey, a Gloucester County judge has ruled that persons who registered as domestic partners since 2004 but who did not form a civil union under the 2006 law are nonetheless entitled to an equitable distribution of assets in the same way such assets would be distributed in the divorce of a married couple...

DurstNotes on Divorce Law - # 1

Posted on February 01, 2008
DurstNotes on Divorce Law is a nine part podcast series of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

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