Condominium Law

CONDOMINIUM LAW

The attorneys at Aiello Harris currently represent condominium associations and condominium board of directors concerning general representation and transition from developer to a home owner run association.  We are experienced in handling all types of matters as evidenced below and we are knowledgeable in all areas of the law concerning condominium ownership and association formation.  We also assist condominium associations with the collection of unpaid and overdue maintenance fees through lawsuits and foreclosures. 

Most condominium construction cases resolve by way of settlement.  Specifically, it is our understanding that there has only been a handful of cases, which have been tried in New Jersey.  Our firm tried the most well known of all cases, to wit:  The Glen of Hillsborough v. Glen Developers.  As many of the Board Members may recall, this litigation involved firewalls, which were faulty, thereby creating fire hazards.  This matter is well known to condominium attorneys, because the Judge in the matter fined the developer $25,000 per day for refusing to remediate the fire hazards in a timely fashion.  As a result of our firm’s efforts, the developer, after three attempts at appealing the Judge’s decision on an emergency basis, repaired the units, which cost the developer and the subcontractors a significant amount of time and money, approximately $880,000.  Attached hereto are numerous articles from the Newark Star Ledger and the Courier News concerning this litigation.

We also worked on the Cardinal Village case in which carbon monoxide was coming into the unit owners’ homes due to improper chimney construction.  That case was eventually resolved with the developer having to bear all costs for remediation.  In that case, we worked closely with the Department of Community Affairs in forging a resolution.  That case was also the subject of many newspaper articles in the Courier News.

In 1999, we settled the The Glen, Section I construction case involving faulty constructed decks amongst other claims for a total settlement of $780,000.

In the first week of 2001, we settled a dispute over privacy walls with the township and the developer for The Glen, Section I.  Furthermore, we are currently representing The Glen, Section III of Hillsborough for the transition issues and general representation with the developer.

We also represented Kimberwyck II Condominium Association in Hillsborough where in May of 1996 several condominium fires occurred.  After the fire marshals investigated the affected condominiums, it was discovered that the firewalls were not built according to BOCA Building Code.  Our firm negotiated the resolution and settlement of that case along with the Building Code Officials of the Township, the Department of Community Affairs in Trenton, the developers, and their attorney.  All costs were borne by the developer, which was in the upper six figures.  That case is also described in the attached articles.

In 2003 we resolved the transition litigation between the Colony Club Condominium Association and the developer, Baker Firestone.  This case dealt with construction deficiencies concerning faulty macadam; roofs; and water infiltration. The case settled for several hundred thousand dollars.  Furthermore, we have represented other condominium associations concerning septic field litigation; mold litigation; and insect infestation litigation.

Our attorneys in the firm have also represented countless condominium unit owners in tax appeals throughout the State.

 One of our former members was the Planning Board Attorney for the Township of Edison for twenty-four years.  With the exception of Newark and Atlantic City, the Township of Edison has seen more development than any other municipality within the past ten years.  As result of the representation through the Planning Board, we have had countless pieces of litigation involving condominium associations.  Specifically, we represented the Township of Edison in the matter of S.O.S. v. Edison Township which received a great deal of press concerning the construction of condominiums and single family homes near wetlands and wildlife preserves.

We have also been successful in representing associations by convincing building code officials and the Department of Community Affairs to issue notices of violations for construction defects.  For example, a building code official issued a notice of violation against a developer after transition was completed for improper electrical wiring in the common area.  This resulted in a savings to the association in excess of $100,000 thus, negating special assessments.

 Furthermore, our firm has worked on condominium cases, which involve deficiencies including construction claims, accounting claims, etc., against the Halpern Organization (Hallmark Homes).  These are the same developers who built the development where the blast took place in Edison and who constructed the project where the young boy died in a sink hole in North Brunswick.

 At the present time, we are representing associations for general representation and transition issues, including disputes with homeowners concerning the payment of monthly assessments charges, the upkeep of their property and disputes with contractors concerning work performed at the association.
 
If your condominium association is considering hiring a lawyer, contact one of the attorneys at Aiello Harris for a consultation.

At Aiello Harris, Devero, Marth & Schiffman our attorneys are members of the American Association of Trial Lawyers and the National Employment Lawyers Association. In negotiations and in litigation, we stand firm in the defense of our clients’ rights and interests.

For a free initial consultation with a New Jersey litigation attorney at Aiello, Harris, Devero, Marth & Schiffman, call 908-561-5577, or contact us online.

The Right Law Firm Means More Money

Serving clients across North and Central Jersey including the cities of Watchung, Bridgewater, and Somerville in Somerset County, Newark and West Orange in Essex County, Elizabeth, Scotch Plains, Springfield, Plainfield, and Cranford in Union County, Clinton and Flemington in Hunterdon County, New Brunswick and Edison in Middlesex County, Hackensack in Bergen County, Patterson in Passaic County, Morristown and Florham park in Morris County, Hoboken and Jersey City in Hudson County, Phillipsburg in Warren County, and Freehold, Colts Neck and Marlboro in Monmouth County.