CAP Group General Counsel Services

General Counsel Services

Our attorneys provide advice and direction regarding the governing documents of each community association we represent; including declarations, master deeds, bylaws, proprietary leases and/or resolutions. We aid our clients in the creation, approval and enforcement of rules, regulations, covenants and governing document amendments and in the process, we assist our clients minimize risk and avoid liability and litigation.

Our General Counsel services also include assistance, advice and education to boards and managing agents regarding mediation, arbitration, fiduciary duty, governance, owner/shareholder versus association/cooperative responsibility and general property-related disputes.

Among our accomplishments:

  • Won a unanimous decision before the New Jersey Supreme Court in Cypress Point Condominium Association, Inc. v. Adria Towers, L.L.C. The Court affirmed an Appellate panel’s finding that damages resulting from subcontractor’s shoddy work are, in fact, property damage as defined by the general contractor’s insurance policies. This victory substantially strengthened home owners association’s position when they seek redress for damage related to subcontractor’s failures during construction.
  • Won a landmark New Jersey Appellate Court decision upholding parking-related rules on public roads in a private community and protecting the community association      board from a defamation suit [Verna v. Links at Valleybrook Neighborhood      Association, Inc. at 371 N.J. Super 77 (App. Div. 2004)].
  • Prevailed in arguing that a condominium need not provide alternative dispute resolution prior to instituting an action for injunctive relief [Finderne Heights Condo. Association, Inc. v. Rabinowitz, 390 N.J. Super. 154 (App. Div. 2007)]
  •  Successfully advised and represented clients with respect to an association’s right to tow vehicles, enforce restrictive covenants, protect owners’ privacy, and as to the fiduciary duty of a board and association.
  • Secured a total judicial re-formation of a New Jersey hotel-condominium’s master deed and bylaws, following that hotel-condominium’s sponsor’s fraud and drafting errors. We obtained the same result for a Philadelphia condominium that had suffered with a defunct declarant and foreclosed declarant mortgage.