Common interest communities, such as condominiums and fee simple homeowners associations, are typically established as non-profit corporations. They are governed by a Board of Trustees elected by the owners of properties in the Association. A community association is initially controlled by the builder but after a period of transition is ultimately controlled by the unit owners. Community association general legal counsel serves in much the same capacity as any other corporate counsel, advising the Board on all legal matters and aspects of association operations.
The Law Offices of Judith A. Fallat currently serves as legal counsel to associations throughout New Jersey, including Bergen, Morris, Somerset, Essex, Hudson, Middlesex, Monmouth, Mercer, Ocean, Passaic, Union, Sussex and Warren Counties.
Community Association Services include:
- General Representation
- Transition (learn more)
- Collections (learn more)
- General Litigation
- Drafting and Enforcing Rules and Regulations
- Dispute Resolution
- Drafting Legal Opinions, Resolutions, Amendments and Documents
- Association Borrowing
- Board Meeting Facilitation
- Insurance Coverage
- Fair Housing Matters
- Americans with Disabilities Act
- Municipal Service Act Enforcement
- Construction Defect Litigation
- Contract Negotiation and Preparation
- Developer Warranty Claims
- FHA/FNMA Approvals
- Foreclosure
- Land Use & Zoning
Transition
In addition to serving as general counsel, Ms. Fallat also serves as transition counsel for her community association clients. Transition services include:
- Educating new board members as to all phases of association operations.
- Conducting a comprehensive legal review of the governing documents and making recommendations to the board for appropriate areas of document amendment and/or board resolution.
- Utilizing a “hands-on” approach to the organization and presentation of the association transition reports.
- Working closely with all professionals retained by the association, including the manager, engineer, and accountant to ensure that the parties serving the association function as an effective team.
- Fully exploring and exhausting efforts to obtain favorable settlements through a negotiated process prior to initiating and prosecuting construction defect litigation against developers.
- Litigating transition claims (i.e. construction defects, breach of warranties, financial claims, etc.) against builders in cases where efforts to negotiate have not been fruitful.
Collections
Ms. Fallat represents associations in all aspects of the collection of delinquent accounts. Services in this regard include:
- Assisting Association Boards in establishing and maintaining an aggressive collection policy.
- Closely coordinating activity on delinquent accounts with association management to ensure timely action.
- Filing liens against units in arrears.
- Vigorously prosecuting lawsuits for personal money judgments.
- Executing on judgments by various means, including the levying of bank accounts, wage garnishments and levies on rents.
- Prosecuting lien foreclosure actions.
- Pursuing appointment of rent receivers in foreclosure actions.
- Representing associations in lender foreclosure actions.
- Representing associations as creditors in bankruptcy actions.
- Preparing and submitting a monthly report on all collection activity to be included in board meeting agenda packages.