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Real Estate, Land Use & Zoning

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New Jersey Court Rules That the “ABC” Test Does Not Apply to Fully-Commissioned Real Estate Salespeople

In a recent published decision, Kennedy v. Weichert, the New Jersey Appellate Division addressed the proper classification of fully commissioned real estate salespeople as employees versus independent contractors. The court ruled that these individuals are not subject to the “ABC” test for purposes of determining their classification under the New…

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Commercial Leases and Flood Zones: The Hidden Notice Requirement

On September 1, 2021, the remnants of Hurricane Ida struck New Jersey. Heavy rain and flooding ensued throughout the area, with many homes and businesses suffering significant damage as a result. Tenants of rental properties were particularly affected, as many were unaware their leased premises were located in a flood…

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New Jersey State Assembly Passes Bill to Protect Community Associations from COVID-19 Liability

On June 24, 2021, the New Jersey General Assembly unanimously passed bipartisan legislation to limit liability for planned real estate developments due to the spread of COVID-19, should they decide to reopen amenities like pools and fitness centers, as long as sign requirements at the entrances to the common areas…

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3 Simple Steps Addressing Cybersecurity for Commercial Real Estate

As technology associated with commercial real estate has evolved, landlords are confronted with conundrum: How to use new technologies to modernize buildings and increase profitability by attracting high quality tenants through maximizing tenant experience, while addressing the cybersecurity threats that accompany these new technologies? The exact problem will differ based…

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Community Associations – Practical Guidance During the Coronavirus Shutdown

New Jersey residents are now one month into the statewide shutdown, as the COVID-19 pandemic continues to disrupt nearly every aspect of our daily lives. At this time, property managers and boards have developed practices to provide for social distancing and routine cleaning, however there are a host of potential…

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New Jersey Supreme Court Denies Damages for Removal of Neighbor’s Trees

In April, 2016, I wrote about the New Jersey Appellate Division’s Opinion in Scannavino v. Walsh, 445 NJ Super 162 (App  Div. 2016), which set forth the law on the liability of property owners whose trees/vegetation encroaches on the neighbor’s property.  In that case, Plaintiff alleged that defendants improperly allowed…

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Healthcare Real Estate: The Pros and Cons of Buying Versus Leasing

“Owning real estate can be a great recruiting tool, and can lure physicians into a larger practice,” says Stephen Timoni in a recent interview with Healthcare Finance News’ Jeff Lagasse. “They become a partner in the practice, but they also offer them a buy-in into the building,” he said. “That’s…

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Transferring a Liquor License in New Jersey – “33” License

Liquor licenses are state-issued licenses that enable your business to legally sell alcohol. The laws around liquor licenses vary by state and New Jersey has some of the most restrictive liquor license laws in the nation (along with being some of the most expensive). In New Jersey, the Division of…

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New Jersey Assembly Makes Headway on Bill to Eliminate Craft Brewery Tour Requirement

Good news is a brew for New Jersey craft beer advocates. In February 2018, the New Jersey Assembly’s Agriculture and Natural Resources Committee paved the way for the introduction of Bill A2196, which would remove a current licensing rule requiring breweries and distilleries to provide a tour of their facilities…

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Homeowners Association Not Bound by Arbitration Provision Contained in Contract Between Buyer and Developer

The New Jersey Appellate Division’s decision in Greenbriar Oceanaire Community Association, Inc. v. U.S. Home Corporation, issued on November 16, 2017, determined that a Homeowners Association was not required to arbitrate any disputes with a developer, and, when faced with a motion to compel arbitration, was permitted to file an…