AHN NJ Iss. #3-2018

www.AssociationHelpNow.com Issue 3, 2018 AssociationHelpNow Resources for Community Associations and the Businesses & Professionals who serve them. ™ NEW JERSEY Read by New Jersey HOA Board Members and Managers

Recognizing and Preventing Discriminatory Acts in Community Associations By Sherri Hall

HOA QUALIFIED MANAGEMENT COMPANIES

Somerset Management Group

“...one of the most common discriminatory actions seen in community associations is when board members and property managers do not apply the rules of the governing documents equally to everyone when they are being violated in the same manner.”

Common Practices Surrounding Home-Based Businesses in Condos and HOAs By Alyssa Gautieri

ACCOUNTANTS: Wilkin & Guttenplan, P.C.......................6 ATTORNEYS: Ansell Grimm & Aaron, PC...................5 Becker..................................................7 Stark & Stark........................................3 BUILDERS/CONSTRUCTION: Add-Ventures Building Services......... 16 CONDOMINIUM PROJECT APPROVAL CONSULTANTS: Project Support Services...................... 6 ENGINEERS: DW Smith Associates, LLC................ 18 The Falcon Group.............................. 14 FWH Associates, PA............................8 O&S Associates................................. 12 FINANCIAL ADVISORS/ INVESTMENT FIRMS: Morgan Stanley....................................9 discrimination must be han- dled properly, not only in the workplace, but also within community associations. But what exactly constitutes as a discriminatory action, and how can associations ensure they are taking the right steps to rectify such situations? We spoke to A. Christopher Florio, Shareholder at Stark D iscrimination is a prom- inent issue in today’s society. Instances of

GUTTERS & GUTTER CLEANING: Gutter Master..................................... 17 INSURANCE: USI Insurance Services.........................19 Community Association Underwriters.....3 Mackoul & Associates, Inc.......................4 NFP Property & Casualty.......................11 LENDERS: Mutual of Omaha Bank, Community Association Banking/CondoCerts...... 13 National Cooperative Bank.....................15 PROPERTY MANAGEMENT: ABDM Property Management............... 6 Associa................................................. 5 Cervelli Management.......................... 10 Diversified Property Management, Inc...18 Executive Property Management........ 13 Homestead Management Services, Inc., AAMC................................................. 12 mem property management................. 2 & Stark Attorneys at Law in Lawrenceville, New Jersey to an- swer these questions and more. According to Florio, one of the most common discrimina- tory actions seen in commu- nity associations is when board members and property manag- ers do not apply the rules of the governing documents equally to everyone when they are be- ing violated in the same man- ner. For example, let’s assume an association has a policy in

Premier Management Associates....... 16 Prime Management, Inc., AAMC........ 19 Somerset Management Group........... 13 RCP Management Company, AAMC, AMO...................................................... 4 RMG - Regency Management Group, AAMC...................................................... 11 Taylor Management Company.............. 7 Towne & Country Management.......... 15 Wilkin Management Group, Inc............. 6 PUBLIC ADJUSTER: M. Miller & Son...................................... 8 RECONSTRUCTION/ RESTORATION: Accurate Reconstruction........................17 Regal Restoration...................................10 ROOFING/SIDING/WINDOWS: Add-Ventures Building Services............16 CONTINUES ON PAGE 19. place that states members who have not paid assessments for 60 days will be notified and referred to legal counsel. The association sends notices out to all the members who meet the criteria as well as one member prior to the 60- day threshold. In this case, the governing documents are not being enforced equally to all members, and the actions of the association may be con- sidered discriminatory toward

F rom raising chinchillas and giving guitar les- sons, to running a small online store, home-based busi- nesses can often become a detriment to community asso- ciations. Whether it’s causing extensive noise, overcrowd- ing the parking lot or creating safety hazards, home-based businesses often disturb mem- bers within a community. This has led many community as- sociations to create and enforce rules surrounding home-based businesses. We spoke with Robert C. Griffin, partner at Griffin Alexander, PC in Randolph, New Jersey, to explore com- mon practices surrounding home-based businesses in con- dos and HOAs. “Certain business activities can have a detrimental impact upon the community or at least nearby members,” Griffin ex- plained. “Imagine a business receiving 60 packages a day, a resident giving piano lessons every hour on the hour, or a

CONTINUES ON PAGE 18. In the case in which a resi- dent complains about a neigh- resident hosting frequent con- ference room meetings in their homes.” In situations such as these, it is not uncommon for a neighbor to file a complaint. “Generally speaking, what I have found is that neighbors do not complain unless they have reason,” Griffin said. “Neighbors will tolerate a good deal, because they understand that they live in close proxim- ity to their neighbors and they are not going to have the same privacy that they would in a single-family home.” “Certain business activities can have a detrimental impact upon the community or at least nearby members...”

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