Law Office of Kaitlyn R. Campanile, LLC

Pending Bill Would Require Mandatory Training for Association Board Members

183:836149618 (Kaitlyn Campanile) — Wed, 27 Oct 2021 16:06:45 GMT

New Jersey Assembly Bill 5492, which is pending before the Assembly Housing Committee, would require that Board of Trustee members of planned real estate developments attend training at the outset of the Board member’s term of office. Specifically, the training would need to be completed within 180 days following the start of the Board member’s term. The training would only need to be completed once in the event that a Board member served more than one term.

The current text of the Bill seeks for the Commissioner of Community Affairs to create a training program, at least three (3) hours in length, to provide “information and guidance on all of the matters relevant and necessary to most effectively enable a board member to perform the member’s duties […].” The Bill also empowers the Commissioner to remove any Board member who fails to complete the training. The full text of the pending Bill can be found here .

If your community association has questions about the duties of Board of Trustee members, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Planned Real Estate Development Liability Protection Bill passed on July 1, 2021.

183:836149618 (Kaitlyn Campanile) — Wed, 27 Oct 2021 15:48:26 GMT

As of July 1, 2021, Senate Bill S3584 was signed into law, providing planned real estate developments with legal protection against liability for COVID-19-related claims in certain circumstances.

The immunity provided under the law would not apply to “acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.” It should also be noted that the law provides that communities must prominently display signs "at the entrance of any communal space [...] shared by residents and their guests," stating the following warning:

“ANY PERSON ENTERING THE PREMISES WAIVES ALL CIVIL LIABILITY AGAINST

THE PLANNED REAL ESTATE DEVELOPMENT FOR DAMAGES ARISING FROM, OR

RELATED TO, AN EXPOSURE TO, OR TRANSMISSION OF, COVID-19 ON THE

PREMISES, EXCEPT FOR ACTS OR OMISSIONS CONSTITUTING A CRIME, ACTUAL

FRAUD, ACTUAL MALICE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL

MISCONDUCT.”

The law is set to expire on January 1, 2022. New Jersey community associations should carefully review this law when making decisions regarding the re-opening of community facilities in light of COVID-19. The full text of the law can be found here .

If your community association has questions about COVID-19 and potential legal liability or the re-opening of association facilities, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Update: New Jersey Senate Unanimously Passes Planned Real Estate Development Liability Protection Bill

Tue, 08 Jun 2021 17:07:43 GMT

New Jersey Senate Bill S3584, introduced on March 25, 2021, was passed unanimously by the Senate on June 3, 2021. The purpose of the Bill is to provide planned real estate developments with legal protection against liability for COVID-19-related claims. This Bill is identical to New Jersey Assembly Bill A4979 that was introduced on November 12, 2020 and remains pending.

The purpose of S3584 and A4979 is to prohibit any causes of action for damages “arising from a COVID-19 exposure or transmission on the premises of a planned real estate development.” It should be noted that the immunity would not apply to “acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.”

New Jersey community associations should keep an eye on the progression of this Bill in the Assembly. This legislation could potentially simplify the difficult decision-making process for Boards of Trustees when determining whether to re-open community facilities.

For updated information relating to A4979, you can check its current status here .

For information regarding S3584, you can click here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

COVID-19 & Community Association Pools - May 2021 Update

Thu, 27 May 2021 14:50:59 GMT

With summer just around the corner and the state of the COVID-19 pandemic improving, the New Jersey Department of Health issued updated COVID-19 Pools and Aquatic Recreation Facility Standards on May 19, 2021. The full text of the Department of Health's Standards can be found here .

The Department of Health still recommends that all pool facilities review the CDC’s guidance on operating and managing public pools and hot tubs during the COVID-19 pandemic “to assist with making decisions prior to opening.”

It should be noted that pools are no longer subject to a percentage-based capacity limit per Governor Murphy’s Executive Order No. 239 . Instead, pools “must instead limit occupancy to a number that ensures that all patrons or groups of patrons entering the facility together can remain six feet apart.”

In addition, Executive Order No. 241 modified outdoor masking requirements, and as a result, individuals are no longer required to wear masks in outdoor settings, such as at a community pool, but unvaccinated individuals are still strongly encouraged to continue mask-wearing.

Requirements that were created by prior versions of the Department of Health’s directive remain in place, such as creating a “COVID-19 Pool Operation Prevention Plan" and posting signage that reminds patrons to frequently wash hands, not touch their faces with unwashed hands, practice social distancing, etc.

Community association Boards of Trustees and property managers should review and discuss the recent Executive Orders and Department of Health Standards in light of the upcoming 2021 summer season, with an open mindsight that restrictions could continue to change in the near future. The health and safety of the residents and guests of the community association should be considered, as well as the potential additional operation costs of re-opening a community pool while COVID-19 restrictions remain in place.

If you have questions about community associations during the COVID-19 pandemic, or any other condo or HOA issue, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Update: Recent New Jersey Senate Bill Could Provide Planned Real Estate Developments with Immunity Against COVID-19 Claims

Mon, 12 Apr 2021 15:24:38 GMT

New Jersey Senate Bill S3584, introduced on March 25, 2021, could provide planned real estate developments with legal protection against liability for COVID-19-related claims. This Bill is identical to New Jersey Assembly Bill A4979 that was introduced on November 12, 2020.

New Jersey community associations should continue to monitor the progression of this pending legislation. This legislation could potentially simplify the difficult decision-making process for Boards of Trustees when determining whether to re-open community facilities.

For updated information relating to A4979, you can check its current status here .

For updated information relating to S3584, you can check its current status here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

COVID-19 & Community Association Pools - March 2021 Update

Mon, 22 Mar 2021 20:45:03 GMT

With warmer weather approaching, it is time again for New Jersey community associations to turn their attention towards the question of re-opening amenities. Throughout the entirety of the 2020 summer season, many community associations chose to keep their pools and recreational areas closed.

Current State of Community Association Pools

Executive Order No. 153 , issued on June 9, 2020, provided that outdoor swimming pools could open effectively on Monday, June 22, 2020. On July 2, 2020, Executive Directive 20-022 was released, which provided Health and Safety Standards for pools and aquatic recreation facilities pursuant to Executive Order No. 153. Since then, Executive Directive 20-022 has been superseded by Executive Directive 20-031 and was most recently revised on March 18, 2021.

Some of the key points of the Executive Directive were discussed in a prior blog post that can be found here . In summary, community associations would need to take many measures to ensure compliance with the State’s requirements, such as creating a “COVID-19 Pool Operation Prevention Plan,” requiring cloth face coverings for all individuals who are out of the pool when social distancing cannot be maintained, training of pool personnel regarding COVID-19 awareness, cleaning, and sanitizing, designating a COVID-19 ambassador to monitor and encourage social distancing and oversee equipment sanitization, designating a COVID-19 contact person, maintaining sign-in sheets for all staff and guests, and more.

What Happens Next?

As of right now, the measures put in place last year by the State remain as is for the upcoming summer season. With the COVID-19 vaccine becoming more widely available, it is certainly possible that additional Executive Orders will be issued in the coming months that could possibly reduce or change the requirements for community association pools. In addition, the New Jersey Department of Health could issue guidelines that provide further instruction or clarification for community associations trying to navigate compliance with Executive Order(s).

Community association Boards of Trustees and property managers should review and discuss Executive Order No. 153 and the current Executive Directive in light of the upcoming 2021 summer season, with an open mindsight that restrictions could change in the near future. The health and safety of the residents and guests of the community association should be considered, as well as the potential additional operation costs of re-opening a community pool while COVID-19 restrictions remain in place.

If you have questions about community associations during the COVID-19 pandemic, or any other condo or HOA issue, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Pending Legislation Could Provide Planned Real Estate Developments with Immunity Against COVID-19 Claims

Thu, 25 Feb 2021 19:03:00 GMT

General liability insurance for community associations will typically not cover personal injury claims arising from alleged exposure to the coronavirus, which has caused concern among community associations. However, New Jersey Assembly Bill A4979, introduced on November 12, 2020, could provide planned real estate developments with legal protection against liability for COVID-19 claims.

The purpose of the bill is to prohibit any causes of action for damages “arising from a COVID-19 exposure or transmission on the premises of a planned real estate development.” It should be noted that the immunity would not apply to “acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.”

Community associations should keep a close eye on this pending legislation, particularly in the coming months, when associations contemplate re-opening portions of the property that may have been closed throughout the pandemic, such as community gyms and pools.

For updated information relating to A4979, you can check its current status here .

If your community association has questions about COVID-19 and potential legal liability, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Electric Vehicle Charging Stations in Community Associations

Tue, 12 Jan 2021 21:38:06 GMT

On October 19, 2020, legislation was signed into law that provides detailed instruction to community associations and residents regarding the installation of electric vehicle charging stations (“charging stations”). N.J.S.A. 45:22A-48.4. With an increasing number of electric vehicles on the road, associations can anticipate eventually receiving requests from residents for the installation of charging stations.

It should be noted that the law supplements New Jersey’s Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-21, et seq., and therefore, applies to homeowners associations and condominium associations alike.

Some of the noteworthy takeaways from the recent legislation include:

Associations cannot prohibit or unreasonably restrict the installation of charging stations.

Associations must generally allow an owner to install and use a charging station in the owner’s designated parking space or in a common area parking space through a license granted by the association in accordance with the statute. Any language to the contrary in an association’s recorded Governing Documents, rules and regulations, or any deeds, contracts, etc., is deemed void and unenforceable.

Associations can require that owners ask for approval to install and use a charging station.

If an association wants to require an approval process for an owner to install and use a charging station, an owner’s application should be reviewed and processed in the same way that the association examines architectural modification applications. The statute provides that the association cannot unreasonably or willfully delay providing a response to an owner’s application, and that the association must provide its response in writing. Importantly, the law provides that if an association fails to provide a response to an owner’s request within sixty (60) days, the request is deemed approved, unless it was a result of the association requesting additional, reasonable information from the owner or if the association is installing electrical upgrades to accommodate the charging station(s).

If an association approves an owner’s request, the legislation provides that the owner and association should agree in writing that:

• The charging station will comply with the association’s “architectural standards.”

• The owner will engage a licensed electrician to install all necessary electrical lines and infrastructure.

• The owner will obtain insurance protecting the association and other owners from damage related to the charging station within fourteen (14) days of approval and before installation, and provide evidence of same to the association.

• The owner will pay for the electricity usage associated with the charging station.

• The owner will pay for reasonable charges set by the association for the review and approval of an application and any related, reasonable engineering and/or legal fees.

Associations can impose a special assessment to unit owners who have installed and/or who have applied to install charging stations.

If the association needs additional electrical infrastructure to provide sufficient electricity for charging stations, the association may charge a special assessment to owners who have installed and/or who have applied to install charging stations. If need be, the association can require that an owner pay the special assessment before allowing installation of the charging station.

Associations can install charging stations in common area parking spaces if the need arises.

The association can grant a license to an owner to exclusively utilize a common area parking space for a defined period of time for a charging station. The association could also choose to install charging stations in common area parking spaces for the use of all owners and can adopt reasonable rules and regulations regarding the use of same.

The full text of the legislation can be found here .

If your association has questions regarding charging stations or the approval process for charging stations, you can contact the Law Office of Kaitlyn R. Campanile here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Zillow Predicts Increasingly Strong Housing Market Through 2021

Wed, 06 Jan 2021 21:01:42 GMT

Zillow Research has published its predictions for the 2021 housing market, which provide optimism and good news for buyers and sellers alike. The full text of Zillow’s article can be found here .

According to Zillow’s findings, despite the global pandemic, housing sales grew almost 6% in 2020. Based on numerous factors, such as the present strength of the market through these colder winter months, the COVID-19 vaccine rollout through 2021, and the hope of increased economic certainty on the horizon, Zillow believes that 2021 could see the “biggest annual sales growth since 1983,” estimating that almost 6.9 million homes could be sold this year.

While Zillow predicts that mortgage rates may increase slightly in 2021, Zillow reasonably predicts that this will not necessarily drive down demand – but it may “end up pricing out some buyers,” especially would-be first-time homeowners.

Zillow “expects a perfect storm of market conditions” for sales in the spring of 2021. Because spring is generally considered the best time to list a home for sale, plus the idea of schools and communities reopening to some degree by spring, some sellers and buyers who may have been hesitant to make moves during the worst of the pandemic may be ready to take action by the spring.

Zillow also suggests that while there was downturn in the demand for city living in 2020, the attractiveness of the city lifestyle will return in 2021 as the COVID-19 vaccine is made widely available and reopening gradually occurs. Coupled with the fact that many urban areas saw a decline in rental prices in 2020, city living may make a large comeback in the coming year.

If you are considering buying or selling a home, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Sellers: Know Your Responsibility to Disclose Defects

Thu, 10 Dec 2020 22:07:28 GMT

In New Jersey, a Seller of residential real estate is required to disclose latent defects regarding the condition of the property that is being sold. The New Jersey Administrative Code provides a sample form, called the Property Condition Disclosure Statement, which is a is “a writing […] signed by the seller and containing information on the condition of the property being sold.” N.J.A.C. 13:45A-29.1.

The sample form includes the following pertinent information to inform the Seller and Buyer:

The purpose of this Disclosure Statement is to disclose, to the best of Seller's knowledge, the condition of the Property, as of the date set forth below. The Seller is aware that he or she is under an obligation to disclose any known material defects in the Property even if not addressed in this printed form. Seller alone is the source of all information contained in this form. All prospective buyers of the Property are cautioned to carefully inspect the Property and to carefully inspect the surrounding area for any off-site conditions that may adversely affect the Property. Moreover, this Disclosure Statement is not intended to be a substitute for prospective buyer's hiring of qualified experts to inspect the Property.

The form requests certain information from the Seller, for example: the age of the roof, whether the property has any sump pumps, whether the Seller is aware of any mold within any structures on the property, and so on. It is imperative for the Seller to thoroughly and truthfully disclose any latent defects that the Seller has actual or constructive knowledge of to the Buyer. Latent material defects can include problems like a foundation problem, defective drywall, or a hidden oil tank.

If the Seller fails to disclose a latent defect that the Seller had actual or constructive knowledge of, the Seller can later be held liable for same by the Buyer. However, the Buyer would have the burden of proving that the Seller knew or should have known about the defect and failed to disclose it.

For Sellers, it is important to fully disclose any and all latent defects in order to allow the Buyer to fully contemplate the transaction and to help protect yourself from potential liability after your closing. For Buyers, it is essential to review the Seller’s disclosures to make an informed decision about the property that you are purchasing.

If you are considering buying or selling a home, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Kaitlyn Campanile Serves as Panelist for Women Entrepreneurs Roundtable

Thu, 19 Nov 2020 21:09:22 GMT

On November 18, 2020, Kaitlyn Campanile served as a panelist for the Long Branch Free Public Library's Small Business Roundtable discussion. The topic of the roundtable discussion was "The State of Women Entrepreneurs - How Are Women Business Owners Faring These Days?" Kaitlyn and other entrepreneurs shared their experiences and advice, and weighed in on recent data regarding women entrepreneurs.

Attorney at Law Magazine Publishes Announcement of the Law Office of Kaitlyn R. Campanile, LLC

Mon, 02 Nov 2020 22:12:17 GMT

Attorney at Law Magazine shared an article on October 30, 2020, regarding the opening of the Law Office of Kaitlyn R. Campanile, LLC. The full article can be found by clicking here .

Know the New Rules: Board of Trustee Elections

Mon, 26 Oct 2020 13:53:37 GMT

Many community associations are preparing for their upcoming Board of Trustee elections, and it is very important for associations to review their procedures to ensure compliance with recent legislative changes pertaining to elections. The 2017 Radburn Amendment (P.L. 2017, Ch. 106) to the Planned Real Estate Development Full Disclosure Act (“PREDFDA”), N.J.S.A. 45:22A-21, et seq., and the corresponding 2020 Radburn Regulations under PREDFDA, both touch upon election procedures. The Radburn Regulations adopted amendments to N.J.A.C. 5:26-1.3, 8.1, 8.2 and 8.4, adopted new rules at N.J.A.C. 5-26-8.8 through 8.14, and adopted repeals of N.J.A.C. 5:20 and 5:26-8.3. Among other election policies, the Radburn Amendment and the Radburn Regulations both reference the timeline of events leading up to the election date.

The first step that an association should take is setting out their timeline leading up to the election. It requires some working backward from the date set for your election meeting. The following timeline applies to associations with 50 or more units:

1. Review the date of your election meeting.

2. Take a look at the calendar – the Association will have to send a Notice of Election, with ballots attached, between 14 and 60 days before the election meeting.

3. Once you select the date that the Notice of Election will be sent, keep in mind that the Association also needs to send a written call for candidates, informing members of their right to nominate themselves or other association members in good standing for candidacy to serve on the Board, between 30 and 60 days before the Notice of Election is issued.

For example, let’s say your association’s election meeting is January 4, 2021. The Notice of Election would have to be sent out between November 5, 2020 and December 21, 2020 (14 to 60 days before the election). If you select December 10, 2020 as the date for mailing the Notice of Election, the association would need to send the written call for candidates between October 11, 2020 and November 10, 2020 (30 to 60 days before the Notice of Election). Your association’s timeline could look like the following (or many other variations within the required timeframes):

November 5, 2020 – Mail Call for Candidates

December 10, 2020 – Mail Notice of Election and Ballots

January 4, 2021 – Election Meeting

For associations with less than 50 units, a Notice of Election must be sent out between 14 and 30 days before the election meeting.

It is important to keep in mind that the Radburn Amendment and Regulations also define “good standing” for elections, the format of the ballots, and much more, in addition to the above timeline requirements. The full text of the 2017 Radburn Amendment can be found here . The full text of the 2020 Radburn Regulations, with comments, can be found here .

If your association has questions regarding their upcoming election or election policies, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Condos and HOAs: Here's the Deal About Political Signs

Mon, 12 Oct 2020 14:07:28 GMT

With November quickly approaching, political signs are cropping up everywhere. Condominium associations and HOAs, some of which have strict rules regarding the appearance of the association, are left wondering whether they can require signage to be taken down, in an effort to maintain the uniformity and aesthetic appeal of the community.

The short answer is that signs must be allowed to stay, but associations can adopt reasonable rules regarding sign placement. The New Jersey Supreme Court ruled on this issue in the matter of Mazdabrook Commons Homeowners’ Association v. Khan, holding that a community association cannot entirely ban political signs. Mazdabrook Commons Homeowners' Ass'n v. Khan , 210 N.J. 482, 46 A.3d 507 (2012). The Court noted that a complete ban of political signs was a violation of state constitutional free speech rights of individual owners, which outweighed the interest of the association maintaining architectural and aesthetic appeal.

Importantly, the Court noted that the association could place reasonable restrictions on political signs in the community, citing to a prior New Jersey Supreme Court case, Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Association . In the Twin Rivers matter, the association adopted rules regarding political signs, permitting residents to post a single sign in any window and outside in a flower bed, as long as the sign was not more than three (3) feet from the individual resident’s home. Comm. For A Better Twin Rivers v. Twin Rivers Homeowners' Ass'n , 192 N.J. 344, 929 A.2d 1060 (2007). The association’s rules prohibited signs from being posted on utility poles and natural features within the community to avoid clutter, preserve the common area’s aesthetic value, and to allow the association’s landscaping and leaf collection to continue uninterrupted. Plaintiffs challenged these rules, seeking to post signs on the property of community residents and common elements. The New Jersey Supreme Court held that these “minor restrictions on plaintiffs’ expressional activities are not unreasonable or oppressive […]” and that the association’s policies did not violate the free speech.

Associations that have well-prepared policies regarding political signage can effectively balance the constitutional rights of residents, while maintaining some control over the aesthetic appearance of the community.

If you have questions regarding the adoption of rules and regulations pertaining to political signs, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Condo, HOA, and Co-op Residents “Overwhelmingly Satisfied” With Their Communities According to 2020 Survey

Tue, 06 Oct 2020 14:41:44 GMT

Residents of condominium associations, HOAs, and co-ops across the country have shared their experiences in a recent survey conducted by Zogby Analytics for the Foundation for Community Association Research . The findings indicate that community association residents in the United States (in fact, a whopping eighty-nine percent) are “overwhelmingly satisfied” with their experience living in their condominium association, HOA, or co-op.

In addition, Board members will be pleased to hear that their efforts and contributions to their community associations are not unnoticed. Eighty-nine percent of community association residents said that their elected governing board “absolutely” or “for the most part” serve the best interests of their respective communities. Similarly, community association residents are also happy with their community managers’ hard work, with seventy-four percent of residents responding that their managers provide “value and support to residents and their associations.”

One of the most important aspects of a well-run association is a carefully crafted and curated set of rules and regulations that is specifically tailored to that association. Ninety-four percent of residents responded that their “association’s rules protect and enhance property values” (seventy-one percent) or have a “neutral effect” (twenty-three percent).

The results of the survey are encouraging for residents and industry professionals. With so many Americans living in community associations, it is important that these communities remain safe and enjoyable places for residents to live. The full results of the survey can be viewed here .

If you have questions about a New Jersey condominium association or homeowners association, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Sellers: 5 Quick Tips Before Your Closing

Wed, 16 Sep 2020 21:41:47 GMT

Here’s five quick tips for Seller’s to keep in mind during the time between signing a contract for the sale of their home and the closing day.

I f You Agreed to Make Repairs, Do It (Soon)

After the home inspection, if you agreed with the Buyer that you would make certain repairs, get them done. Contact reputable contractors and get the job done the right way, the first time, so that your closing does not have to be held up by incomplete or unsatisfactory repairs. Be prepared to provide proof and/or receipts that the repairs have been made.

Check in With Your Association

Do you live in a condominium or homeowners association? Check in with the Association’s office or managing agent to make sure you fill out any necessary paperwork and take care of any loose ends that your Association requires pre-closing.

Transfer Utilities

After you have a closing date, start coordinating with the Buyer so that you can arrange for utilities like gas, water, electric, and cable to be transferred over to the Buyer on the day of closing.

Prepare What You Need to Leave Behind

Before your closing, gather keys, garage door openers, passcodes for entry or alarm systems, and anything else that the Buyer should have to access the features of the home, and organize these items to have them ready for the Buyer.

Update Your Address

Make sure you update your address with the United States Postal Service. Provide your attorney and real estate agent with your new address in case any paperwork needs to be mailed to you post-closing.

Selling your home doesn’t have to be a stressful process. If you are considering buying or selling a home, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

ROI-NJ Publishes Announcement of the Law Office of Kaitlyn R. Campanile, LLC

Wed, 09 Sep 2020 21:25:05 GMT

ROI-NJ shared an article on August 28, 2020, announcing the opening of the Law Office of Kaitlyn R. Campanile, LLC in Ocean Township, New Jersey. The full post can be found by clicking here .

Monmouth University Shares Alumni Spotlight on Kaitlyn R. Campanile, Esq.

Thu, 03 Sep 2020 14:38:29 GMT

On September 2, 2020, Monmouth University Alumni shared an Alumni Spotlight featuring Kaitlyn Campanile.

Kaitlyn is a 2011 graduate of Monmouth University, where she earned her Bachelor of Science degree in Finance and Economics, graduating summa cum laude from the Monmouth University Honors Program and first in her class among Economics majors.

The full post can be found by clicking on the image above.

Buyers: Don’t Overlook the Importance of a Home Inspection

Thu, 27 Aug 2020 19:21:21 GMT

You’ve found your ideal home, signed your contract, and have reached the conclusion of attorney review. It’s important not to bypass the next step – having a qualified inspector check out the home for you and prepare a detailed report. A home inspection is not required, but is certainly recommended.

Most realtor-prepared contracts will include an inspection contingency provision. This means that if the Buyer discovers defects that the Seller refuses to repair, the Buyer can choose to cancel the contract and receive a refund of the deposit. Check the details of your contract, as you typically will be provided about two weeks to complete inspections.

The home inspection will likely take a few hours, and you should arrange to be there for the duration of it. This is your opportunity to ask the inspector any questions that you may have about particular areas of concern or problems with the house. The inspector will take a look at the overall condition of the house, by inspecting the heating system, electrical system, HVAC system, roof, exterior, fireplaces, doors, windows, and many more features of the house. Following the inspection, the inspector will provide you with a detailed report that includes photos and comments.

You should share and discuss the report with your realtor and attorney. Your attorney will then forward the Seller’s attorney a copy of the report, along with a letter detailing your concerns following the inspection, and any requests that you may have for repairs to be made or credits to be given. Keep in mind the fact that you are not necessarily entitled to have repairs made or credit provided by the Seller for everything that appears on your report. Your realtor and attorney can help you realistically narrow down the issues on the report that you would like to prioritize for discussion with the Seller. Your attorney will then negotiate these issues with the Seller’s attorney, and any repairs that the Seller agrees to make must be completed before closing.

Buying a house is one of the biggest investments you will ever make, which means that is imperative to have the house inspected by a qualified inspector so that you really know the full picture of what you are buying. Additionally, the home inspection report provides your attorney with a very important tool to negotiate the details of your transaction.

If you are considering buying or selling a home, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

3 Facts About Marriage and Real Property

Fri, 21 Aug 2020 16:41:27 GMT

Whether you own property prior to your marriage, or want to acquire property during your marriage, here’s some considerations for real property ownership:

• You can add your spouse to the deed if you already own a home. This is a relatively simple process and can be accomplished by recording a quitclaim deed. In a quitclaim deed, you essentially transfer ownership of the property from just you to both you and your spouse. The quitclaim deed and necessary documents get recorded by the County Clerk’s office in the public land records.

• When buying a home with your spouse, choose the form of ownership that you want designated on the deed. In New Jersey, when spouses acquire real property by way of a deed, it is assumed that they take title as “tenants by the entirety” if the deed does not say otherwise. N.J.S.A. 46:3-17.2. This form of ownership means that a surviving spouse would automatically own the property upon the death of the other spouse, and that each spouse owns 100% of the property. Married couples can also own real property as tenants in common, which provides each spouse with a 50% interest in the property and does not include rights of survivorship, but most choose to take title as tenants by the entirety. Before purchasing a home, married couples should speak with their real estate attorney and possibly a trusts and estates attorney to confirm how they would like to take title.

• New Jersey is a community property state. This means that assets that are acquired after your marriage are owned by both spouses equally. To the contrary, assets that were acquired before your marriage by one spouse are owned only by that spouse. The general rule is that assets, including real property, that were acquired before marriage are not subject to equitable distribution during a divorce (unless your spouse is added to the deed after marriage).

If you have questions about real property ownership, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Residential Real Estate: Tips for the Attorney Review Process

Fri, 14 Aug 2020 14:14:03 GMT

In New Jersey, residential real estate contracts that are drafted by realtors contain an “attorney review” clause. This means that after the Buyer and Seller execute the contract, both parties have an opportunity to have an attorney review the contract.

Here are some quick tips to keep in mind upon signing a residential real estates contract:

The clock starts running almost immediately. Upon both parties receiving a fully executed copy of the contract, the attorney review period starts on the next business day. For example, if you receive the fully-executed contract on Tuesday, your attorney review period starts the next day, on Wednesday.

Attorney review lasts for three business days. Attorney review lasts for three business days. Weekends and holidays do not count towards the three-day time period. Attorney review can be extended if the parties are working on modifications to the contract.

Ask anything. This is your opportunity to ask your attorney what certain provisions of the contract mean. If you have concerns about specific details of the contract, this is your chance to discuss them further with counsel.

Finalize the contract. During attorney review, you will discuss with your attorney whether you want to accept the contract as is, request changes to the contract, or reject the contract altogether, and thus, end the deal. The parties can negotiate requested changes to the contract, and the attorneys will typically sign an addendum or rider to the contract, with the consent of their clients, to update the terms of the contracts and thus conclude attorney review.

Inaction can lead to unintended consequences. Be forewarned that if the contract is not disapproved or modified during attorney review, the contract becomes binding (as is) at the conclusion of the attorney review period.

After signing a residential real estate contract, it’s important to contact an attorney in a timely manner if you have not done so already. Your attorney can help you navigate the entire process, from contract to closing.

If you are considering buying or selling a home, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Why do you need a real estate attorney?

Fri, 07 Aug 2020 14:41:33 GMT

While New Jersey does not require that you hire an attorney to represent your interests during a closing, there are many reasons to consider doing so. By gathering a trusted team of professionals to assist with your purchase or sale, including a real estate attorney, you can potentially avoid unnecessary headaches during your closing process.

Your real estate attorney can help you in some of the following ways during your real estate transaction:

• Reviewing and editing your contract. After a Buyer and Seller sign a contract, the next three (3) business days are referred to as “attorney review.” During this time, you can consult with an attorney to review and edit the contract as needed. The contract terms need to precisely reflect the agreed-upon transaction terms.

• Negotiating the price, repairs and/or credit. Pursuant to a standard New Jersey real estate contract, a Buyer is provided with the opportunity to inspect the property. Buyers are encouraged to hire a home inspector, who will inspect the home and prepare a detailed report pointing out any problems. Your real estate attorney can review the report with you, and then issue a letter to the Seller’s attorney, requesting that certain repairs be made, credit to be provided in lieu of repairs, lowering of the purchase price, or cancellation of the contract, if need be. Even if a Seller is committed to selling the property “as is,” and is not willing to waiver on the price, repairs, or credits, it is still recommended that Buyers complete a home inspection so that they know what they are getting into before purchasing.

• Preparing and reviewing documents for your closing. If you are the Seller, your attorney will prepare certain documents for your closing. These documents may include the Deed, an Affidavit of Consideration or Exemption, Affidavit of Title, Certificate of Non-Foreign Status, and more.

• Attending your closing with you or facilitating “mail away” closing. Your real estate attorney will attend the closing with you, or work with the other party, the title company, and any other professionals to effectuate a “mail away” closing – which involves the parties signing the documents separately. Your real estate attorney can help navigate any issues that arise at closing.

• Handling the recording of documents. If you are the Buyer, your real estate attorney will start working on recording the deed and mortgage (and any other documents that may require recording) with the County Clerk’s office after the closing.

Buying or selling a home can be an exciting, yet somewhat stressful, process. But with the help of the right professionals, some of the burden can be lifted from the Buyer and Seller, and you can focus on all the other aspects of your upcoming move!

If you are considering buying or selling a home, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Condo and HOA Pools in the Time of COVID-19

Fri, 31 Jul 2020 13:37:52 GMT

As summer 2020 approached, many condominium and homeowners associations were faced with the difficult decision of whether the community pool could be opened, and perhaps more importantly, if the community pool should be opened in light of the COVID-19 pandemic.

Per Governor Murphy’s Executive Order 153 , community pools were permitted to open as of June 22, 2020, provided that the facilities complied with all standards issued by the New Jersey Department of Health (“DOH”) in its Executive Directive No. 20-022 .

Some of the key points of the DOH’s Executive Directive include, but are not limited to, the following:

• Approval to operate by the local health authority is required prior to opening.

• The DOH recommends that all pool facilities review the C enter for Disease Control and Prevention’s (“CDC”) guidance on operating and managing public pools and hot tubs during the pandemic .

• Pools facilities must develop and implement a “COVID-19 Pool Operation Prevention Plan” (“CPOPP”) that complies with the Executive Directive.

• Staff and patrons must wear a cloth face covering when out of the pool (when social distancing of six feet cannot be maintained), unless doing so would inhibit the individual’s health. Children under age two (2) and lifeguards on active duty should not wear face coverings.

• Pool personnel should be trained regarding COVID-19 awareness, cleaning, and sanitizing, and such training and risk reduction efforts should be documented.

• The pool should have a COVID-19 “ambassador” whose role is to “monitor and encourage social distancing of bathers on the pool deck,” and make sure that equipment (i.e. pool deck furniture) will only be available to one person or group at a time, and that said equipment is cleaned after each use.

• A policy should be created for screening staff for a fever or other symptoms of COVID-19 illness.

• Pools should try to designate separate entry and exit points, or stagger access to such points, to avoid congregation.

• Signage should be posted at entry points reminding individuals to be on alert for signs of illness and to stay home if they have COVID-19 symptoms or are sick.

• Capacity for the pool facility and grounds should be reduced to 50%.

• Measures to effectuate social distancing such as reservation systems, limiting of hours, or creating grid lines on a pool deck to separate groups are encouraged.

• Sign-in sheets for all staff and patrons must be maintained for potential contact tracing efforts.

• Cleaning and disinfecting procedures using Environment Protection Agency approved disinfectants that follow CDC guidelines should be developed and implemented (i.e. frequent cleaning and disinfecting of high traffic areas).

• Sanitizer stations should be provided throughout the pool facility.

• Pools should not provide pool toys and noodles, kickboards, etc. for sharing.

Again, this is not a full list of the requirements set forth in the Executive Directive. After issuance of the Executive Directive, many New Jersey condominium and homeowners associations made the difficult decision not to open their pools this summer due to concerns about compliance, the additional cost that comes with compliance, insurance concerns regarding COVID-19 claims, and of course, in an effort to keep their communities safe.

Condo and HOA Board members, property managers, and community professionals should carefully consider and discuss the provisions of the Executive Directive when making any decisions about opening a community pool during the COVID-19 pandemic.

If you have questions about community associations during the COVID-19 pandemic, or any other condo or HOA issue, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.

Condos and HOAs: Get Acquainted with the Radburn Regulations

Wed, 22 Jul 2020 19:51:05 GMT

On May 18, 2020, the New Jersey Department of Community Affairs, Division of Codes and Standards adopted and published the Radburn Regulations, which are applicable to condominium and homeowners associations. These regulations are intended to carry out the legislative intent of the Radburn Amendment to the Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-21, et seq., that was previously adopted in July 2017.

Board members of condominium and homeowners associations should review the Radburn Regulations to ensure that their associations' procedures are compliant, or are updated to become compliant, with the new regulations.

While the regulations have a wide scope, some of the most notable provisions are summarized below:

Board Elections : Voting must be done anonymously, and election ballots must now be publicly tallied. In addition, any member of the association can request to inspect the ballots for ninety (90) days after an election.

Open Meetings : Within seven (7) days after the association’s Annual Meeting, the association must post a list of the open meeting schedule in a prominent location on the property for the coming year. The date, time and location of the open meetings must be noted on the list. Any changes to the schedule should be made at least seven (7) days before a scheduled meeting and the list should be updated to reflect the changes.

Notice of Open Meetings : In addition to the posted list on the property, at least seven (7) days before any open meeting, notice should also be posted “on the association’s website and included in any association newsletter” or “personally provided to each member or designee by mail, hand-delivery or electronic means.” This notice should include the time, date and location of the open meeting, as well as the agenda items to the extent known at that time.

Binding Votes : If a matter requires a binding vote of the Board, the vote must take place at an open meeting (as opposed to a closed meeting).

Closed Meetings : The Board can exclude members at meetings or portions of meetings if the Board is discussing: (a) matters that would “constitute an unwarranted invasion of individual privacy,” (b) pending or anticipated litigation or contract negotiations, (c) matters involving the employment, promotion, discipline or dismissal of a specific employee or officer of the association, and/or (d) matters falling within the attorney-client privilege “to the extent that confidentiality is required in order for the attorney to exercise his or her ethical duties as a lawyer.”

The full text of the Radburn Regulations, with comments, can be found here .

Board members and property mangers should consult with legal counsel to ensure compliance with these, and all other, provisions of the Radburn Regulations. If you have questions regarding the impact of the Radburn Regulations on your community, you can contact the Law Office of Kaitlyn R. Campanile, LLC here .

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney.