Community Association Law — Pennsylvania

AGA attorneys take the field to support Make-A-Wish Foundation

Ansell Grimm & Aaron P.C. Community Association Practice Group attorneys Lysa Bergenfeld and Stacey Patterson teamed with Erika Berfumo from Certa Pro Painters, Valentine Valdman from Station Square, Ray Ambrosino and Brad Memoli from Garden State Securities, Caesar Mistretta from Hub International Insurance Brokers, and Bob Rogers and Dawn Ruggiero from First Service Residential at Community Association Institute’s 2nd Annual Olympics, at Thompson Park in Monroe. Proceeds from the July 20 event are donated to the Make-a-Wish Foundation which arranges experiences for children with life-threatening medical conditions.

For more information about AGA’s Community Association Practice Group, please contact Lysa Bergenfeld at 609-557-1034 or Stacey Patterson at 973-925-7343.



Majority Rules or Rule by Super Majority? It Depends…

In the latest issue of Association Help Now, David Bryne, managing partner of Ansell Grimm & Aaron’s Community Association Practice Group addresses the tricky question of vote counting when it comes to issues affecting the declarations and bylaws of homeowner’s associations.

“In New Jersey, the general rule is the amendment percentage is set by the document that is sought to be amended, except in certain situations” Byrne explains in the article, “A condominium can be terminated if 80% of everyone votes to terminate. That’s a provision set by statue.”

For the full story, visit AHN’s website.

Wiechnik to Share Construction Defect Litigation Expertise

Mark M. Wiechnik, a partner in Ansell Grimm & Aaron, P.C.’s community association practice group, will be a featured speaker at the National Business Institute’s May 3 seminar on Construction Defect Litigation at the Holiday Inn, Princeton, 100 Independence Way. Mr. Wiechnik will be speaking about what is covered and what is not covered by insurance policies, including the debates currently taking place regarding how insurance coverage is affected by building codes and standards, warranties and the Magnuson-Moss and Miller Acts.

To register for the seminar please visit the NBI website at: Construction Defect Litigation from A to Z. Attendance at the seminar satisfies state-mandated continuing legal education requirements for New Jersey and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at noon.

Visit AGA CAP Group at the CAI 2016 Annual Conference and Expo

AGA’s Community Association Practice Group Attorneys David J. ByrneRichard B. Linderman, Mark M. Wiechnik, and Nicole D. Miller will be exhibiting at the Community Associations Institute 2016 Annual Conference and Expo . The Expo will take place on Thursday, April 14 at the Pennsylvania Convention Center, Grand Hall, 12th and Arch Streets, Philadelphia, Pennsylvania. The Expo provides learning and networking opportunities for attendees which include property managers and board members of residential condominium, cooperative, and homeowner associations, and the professionals and suppliers who serve them.

If you are planning on attending the Expo, please visit the AGA Community Association Practice Group at Booth Number 307 or contact David J. Byrne if you wish to set up a meeting with one of our attorneys while you are at the conference. Mr. Byrne can be reached at or by calling 609-751-5551.


AGA Attorney Richard B. Linderman responds to HOA Questions

AGA Community Association Practice Group Partner, Richard B. Linderman recently responded to a question about when boards can require a 100% member vote to amend or repeal a covenant from a Homeowner’s Association Board Member or Manager which was featured in the “National HOA Questions and Answers” Column of Pennsylvania Association Help Now Newspaper.

Mr. Linderman noted that generally, in New Jersey and Pennsylvania, the declaration of covenant require either a two-thirds or 80% vote to amend.  Mr. Linderman noted that, from an operational standpoint, a 100% vote requirement would be impractical as it would give any member absolute veto power.

Mr. Linderman has successfully represented community associations in numerous litigations, including the defense of executive boards, complex construction suits, and statutory compliance related matters. He is a frequent lecturer to homeowners, property managers, and industry professionals on topics relating to community associations, corporate governance, bankruptcy and assessment collections.  Mr. Linderman can be reached directly at 609-557-1032 or via email at

Visit AGA’s Community Association Practice Group
at IREM Tri-State Conference & Expo in Atlantic City

AGA’s Community Association Practice Group Attorneys David J. Byrne, Elysa D. Bergenfeld, Richard B. Linderman and Mark M. Wiechnik will be exhibiting at the 2016 IREM Tri-State Conference & Expo. The Expo will be held on February 18-19 at The Borgata Hotel, Casino & Spa in Atlantic City and includes a full slate of educational programs, an industry partners expo and networking for real estate professionals.

The Institute of Real Estate Management, more commonly known as IREM, is an international organization of professional property managers who manage all different types of real estate. IREM was organized in Chicago in 1933 by three founding chapters which included the New Jersey and Pennsylvania chapters along with the Illinois Chapter.

If you are planning on attending the 2016 IREM Tri-State Conference & Expo, please visit the AGA Community Association Practice Group in booth 101 or contact David J. Byrne if you wish to set up a meeting with one of our attorneys while you are at the conference. Mr. Byrne can be reached at or by calling 609-751-5551. The Community Association Practice Group looks forward to seeing you in Atlantic City!

Association’s Receivership and Lease Still Valid After Sheriff’s Sale

In late 2012, our client, Vail Section Condominium, successfully moved to have an empty and abandoned unit placed into receivership. The condominium’s receiver, after having the abandoned unit repaired, made and executed a lease with a tenant. This tenancy (and the condominium’s enjoyment of rental receipts) continued on through 2015. During the course of this tenancy, the particular condominium unit’s lender completed its foreclosure. That lender ultimately purchased the unit at sheriff’s sale, in the fall of 2015. The tenant eventually became delinquent in the payment of rent resulting in the receiver’s eviction complaint. The court – even though the lender’s foreclosure was over, the lender had purchased the unit at sheriff’s sale and even after the sheriff’s deed associated with that sale was recorded by the lender – validated the receivership and the receivership’s lease. To that end, and months and months after the lender’s sheriff’s sale, the court found in favor of the receiver, entered a judgment for possession and ordered that the tenant be evicted. This decision – and condominium/receivership victory – reminds us that those timid and skeptical professionals and owners, who are frightened of the reach and power of lenders, are wrong to consistently shy away from asserting the rights and needs of condominiums and HOAs that continue to suffer from the scourge of abandoned and empty homes.


For more information on AGA’s legal services to cooperatives or condominium and homeowners’ associations, contact Elysa D. Bergenfeld, Esq. at or by phone at 609-751-5551.

The above is for informational purposes only and does not constitute legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship.

Attorney Nicole D. Miller joins AGA’s CAP Group as it Celebrates its 1st Anniversary with the Firm

Nicole D. Miller has joined Ansell, Grimm & Aaron, PC’s (“AGA”) Community Association Practice Group. Ms. Miller concentrates her practice in the representation of condominiums and homeowners associations and will be working out of the Princeton office. She advises community association boards and property managers on matters including daily operations, drafting of contracts, the creation and enforcement of rules and regulations, alternate dispute resolution (“ADR”), developer transition, fair housing compliance and litigation arising from construction defects, contractor service agreements, delinquent assessments and common charge recovery, governance, and the fiduciary duties of board members.

Prior to joining the firm, Ms. Miller practiced commercial and other civil litigation representing banks, limited liability companies, partnerships and franchises in both Pennsylvania and New Jersey. Ms. Miller is a graduate of the College of New Jersey and received her law degree from Rutgers University School of Law, both Cum Laude.

“Nicole is a great addition to our expanded office,” said David J. Byrne, the Chair of AGA’s Community Association Group. “We also welcomed a new paralegal to the group and have recently added a new legal assistant to support the additional professional staff. Celebrating our first anniversary with AGA and with our recent move to a permanent office in Carnegie Center, we look forward to continuing to add staff to give personal attention to all of our clients.”

AGA’s Community Association Group has more than 50 years of combined experience in the industry representing associations throughout the northeast. AGA’s clients are afforded a full range of legal services, covering all the legal issues and needs of any homeowners association, condominium or cooperative.

In its more than 85 years AGA, has grown to represent clients throughout the tristate area via offices in Ocean, NJ, Woodland Park, NJ, White Plains, NY, Princeton, NJ and Newtown, Pa. AGA attorneys are dedicated to providing excellent legal representation by providing zealous advocacy and skilled legal advise to our diverse clientele. AGA attorneys all practice with a common philosophy, Commitment to Excellence and Commitment to People.

For more information on AGA’s legal services to homeowners association, condominium or cooperative, contact David J. Byrne at 609-557-1031 or

Linderman educates CAI members on Fair Housing Act

Rich at podium addressing the audience at CAI seminar on 10.1
Rich Linderman of AGA's Community Association Law practice group addresses members of CAI on compliance with the Fair Housing Act at a seminar in Cherry Hill.

On October 1, 2015,  Richard Linderman presented a program to several property managers and board members regarding the impact of the Fair Housing Act upon community associations.  The property managers were able to obtain educational credit through the Community Associations Institute’s Pennsylvania/Delaware Valley Chapter.  Mr. Linderman’s presentation focused on avoiding litigation and helping condominium boards deal with requests for reasonable accommodations and modifications under the Fair Housing Act.

Michael Shaw, Manager of Communications & Programs for CAI-PA/Del-Val thanked Richard for being one of our experts.  “He did a great job!”

Richard is a partner in the Community Association Group of Ansell Grimm & Aaron PC.