On April 10-11, 2024, David attended Community Live! This is the Community Associations Institute, Keystone Chapter’s annual conference and expo. The theme was the Olympics and it took place at the Valley Forge Casino in PA. As a former President of the Chapter (2023), David was a part of the group that led the opening ceremony. David was also a co-presenter at an education event: Alcohol in Common Areas – Good Idea or Bad? The session was very well attended and interactive. In addition, the firm proudly supported the event with an exhibit booth. David cannot wait to see everyone next year when the venue changes to the beautiful Lancaster County Convention Center!
Category: Litigation
New Jersey’s Flood Disclosure Requirements Go Into Effect
What Happened?
Bill S3110, which was passed by the New Jersey Legislature on June 30, 2023, has now gone into effect as of March 20, 2024.
Under New Jersey law, landlords and property sellers must now notify tenants and prospective purchasers, prior to signing a lease or agreement of sale, whether a property has been or could be impacted by flooding, is located in the FEMA Special Flood Hazard Area (“100-year floodplain”) or is located in a Moderate Risk Flood Hazard Area (“500-year floodplain”).
The Department of Community Affairs (“DCA”) has published a model Flood Risk Notice to be used by landlords pursuant to the new law. The notice includes specific questions about flood risk and space for landlords to provide answers. Commercial landlords may model their notice to be specific to their property, but all notices must include all the information contained in the model notice in substantially similar language.
For rental properties, if a lease is in writing, the notice required may be included in the written lease or the written renewal lease, provided that the notice is a separate rider, individually signed or otherwise acknowledged by the tenant, and written in not less than 12-point typeface.
Additionally, every residential lease must contain the following notice to tenants: “Flood insurance [is] may be available to renters through FEMA’s National Flood Insurance Program to cover your personal property and contents in the event of a flood. A standard renter’s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.”
For properties being sold, the Division of Consumer Affairs (“Division”) has added specific questions and information to the Property Condition Disclosure Statement concerning certain flood risks. Sellers are required to use this updated Disclosure Statement as of March 20th, 2024.
Why you need to know about this?
This new legislative mandate makes New Jersey the 30th state in the US to require these disclosures from landlords and home sellers, better informing renters and homebuyers of the flood risk they face. This information will help renters and buyers decide if the risk is worth the cost, and if so, then consider purchasing the appropriate flood insurance to protect against costly out-of-pocket repairs.
If you are a landlord or a seller of property, these new requirements will directly impact how you must notify tenants or prospective buyers of a property’s potential flood risks. The new law imposes steep penalties on those not in compliance; including but not limited to early termination rights for tenants.
What should you do now?
Landlords should update all form leases and renewals to include both a flood disclosure notice modeled after the Department of Community Affairs provided form, as well as the required Flood Insurance Language, in order to provide the necessary disclosures for properties that have been or could be impacted by flooding.
Additionally, sellers of property should immediately begin using the new Property Condition Disclosure Statement provided on the Division of Consumer Affairs website. All forms of purchase agreements should also be updated to include the necessary flood disclosures.
Should you have any questions on the newly imposed disclosure requirements, please reach out to:
Zachary C. Friedman, Esq.
friedman@hylandlevin.com
856-355-2999
Robert S. Baranowski, Esq.
baranowski@hylandlevin.com
Phone: 856-355-2955
Partner, David R. Dahan Coordinates Education Symposium Hosted by CAI
David R. Dahan recently coordinated and moderated the educational symposium – NJ Structural Integrity Legislation: Understanding Its Impact – hosted by the Community Associations Institute, Keystone Chapter’s NJ Regional Council. The event explored the recently passed law requiring capital reserves studies and specific structural inspections for primary load-bearing systems in New Jersey. David is the immediate past president of the Keystone Chapter and dedicates a significant portion of his practice to assisting in the governance and administration of Community Associations. HLS was a proud sponsor of this sold-out event.
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Hyland Levin Shapiro Attorneys Attend Evesham Education Foundation Double Down Event
Will Dungey, Beau Wilson, Paige Joffe and Mariane Gardner, associates at Hyland Levin Shapiro, attended the Evesham Education Foundation Double Down event on Friday, February 2. They enjoyed a night of networking with colleagues, including interacting with property managers for the firm’s Homeowner and Condominium Association clients. The associates were also delighted to enjoy the ambiance and beautiful architecture of the Mansion on Main Street in Voorhees, New Jersey. Proceeds raised from the event will be used to support the children enrolled in the Evesham Township School District.
CAI Gala and Annual Meeting
On November 30, 2023, Partner David R. Dahan along with colleagues, Beau C. Wilson and Zachary C. Friedman, attended the Community Associations Institute (“CAI”), Keystone Chapter’s 2023 Excellence Awards Gala & Annual Meeting. The firm has been a member of the Chapter for years. CAI is an international organization that provides education, networking events and resources to America’s 300,000+ residential condominium, cooperative, and homeowner associations, and to the professionals and suppliers who serve them. It also has various legislative action committees to monitor and support or oppose various bills that affect associations. CAI has 63 Chapters in the world. The Chapter covers all of PA, Southern NJ and Northern Delaware. David has been a member of the Chapter for as long as he can remember, has been on the Board for the last six years and served as President for 2023. Throughout the years, David has authored many publications for the Chapter and presented numerous seminars at its events. David will remain on the Board for one more year and will serve on its New Jersey Regional Council for 2023 which is responsible for planning education and networking events in Southern New Jersey.
David was honored to receive a plague to recognize his role as President. Congratulations to David and we wish the Chapter continued success for years to come!
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Megan Knowlton Balne Hosts Network Connect Event on Advocacy
Megan Knowlton Balne hosted a Network Connect Event at our firm on November 2, 2023. Megan serves on the Board of the South Jersey Chapter of the National Association of Women Business Owners. The Event focused on Advocacy and was attended by approximately 20 women business owners from South Jersey. Megan shared a presentation on the importance of civics education to advance advocacy.
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Hyland Levin Shapiro Sponsors CAI Keystone Chapter Event
On September 20, 2023, the firm was proud to sponsor and support the Community Associations Institute (“CAI”) Keystone Chapter’s annual New Jersey Regional Council’s Legislative Symposium at P.J. Whelihan’s Pub in Cherry Hill. David R. Dahan gave the welcoming address as current President of the Chapter and has served on the Chapter Board of Directors since 2016. David was joined by his firm colleagues and Chapter members, Beau C. Wilson and William H. Dungey III.
The event also celebrated CAI’s 50th anniversary!
CAI is an international membership organization dedicated to building better communities by providing the education and resources necessary to foster vibrant, responsive, and competent community associations and helping them promote harmony and responsible leadership. David, Beau and Will’s engagement with CAI enables them to provide the best and most current information, advice and resources to their common interest community clients.
If you have any questions involving common interest communities, our firm is ready to assist.
Partner Megan Knowlton Balne Recognized by Best Lawyers: Ones to Watch® in America
Hyland Levin Shapiro LLP is pleased to announce that partner, Megan Knowlton Balne, has been selected by her peers for inclusion in the fourth edition of Best Lawyers: Ones to Watch® in America for her practice in Labor and Employment Law – Management; Commercial Litigation; and Litigation-Real Estate. Best Lawyers: Ones to Watch® recognizes lawyers who are earlier in their careers for their outstanding professional excellence in private practice. For the 2024 edition of Best Lawyers: Ones to Watch® in America, more than 2.4 million votes were analyzed, which resulted in more than 25,000 lawyers honored in the new edition. The Best Lawyers list is based on an exhaustive peer-review survey in which leading attorneys cast votes on the legal abilities of other lawyers in their practice areas. A description of the selection methodology can be viewed here.
Most recently, Megan was also honored by the New Jersey Law Journal as one of the Top Women in Law in 2022 and received the Katherine D. Hartman Outstanding Woman in the Profession Award from the Burlington County Bar Association for her outstanding leadership, dedication, mentorship and service to the Burlington County Bar Association and the surrounding community.
Megan can be reached at balne@hylandlevin.com or (856) 355.2936.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
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Hyland Levin Shapiro Sponsors and Supports Evesham Education Foundation
Hyland Levin Shapiro is proud to sponsor and support the Evesham Education Foundation. The Foundation is a non-profit organization formed to enhance and enrich the academic experience for students enrolled in Evesham Township Schools through various programs. In addition, the Foundation supports partial funding on two additional programs (Literacy Support Program and Tier III Enrichment Extensions Program), technology, art and sport uniforms. On February 10, 2023, the Foundation held its “Double Down on Evesham Education!” event at The Mansion on Main Street in Voorhees, NJ. Attending from the firm was Partner, David Dahan, Beau Wilson and Will Dungey and their lovely wives.
Partner, David R. Dahan elected CAI Keystone Chapter President for 2023!
Hyland Levin Shapiro LLP is pleased to announce that partner, David R. Dahan has been elected CAI (Community Associations Institute) Keystone Chapter President for 2023. The Keystone Chapter serves the community associations industry throughout the entire Commonwealth of Pennsylvania, Southern New Jersey and Northern Delaware.
David has served on the CAI Board of Directors since 2016 and served as Treasurer prior to being elected President. On November 30, David attended the CAI Keystone Chapter’s 2022 Excellence Awards Gala where he honored 2022 Chapter President, Nicole Skaro, with a plaque recognizing her for outstanding leadership and accomplishments.
The CAI is an international membership organization dedicated to building better communities by providing the education and resources necessary to foster vibrant, responsive and competent community associations and helping them promote harmony and responsible leadership.
A significant part of David’s practice includes representing community associations. He provides counseling on all aspects of association matters including day-to-day business and legal issues, transition from the developer, and, if necessary, litigation. David provides legal advice involving governing documents, contracts, rules and regulations, developer transition, construction defect litigation, municipal services and relations, regulatory compliance, insurance claims, member disputes and fiduciary duties of board members. David has handled numerous transition matters to successful conclusion including the recovery of legal and expert fees.
David is admitted to practice in state and federal courts in New Jersey and Pennsylvania and the U.S. Supreme Court. He is a graduate of Temple University Beasley School of Law (J.D., 1997) and Temple University, Philadelphia (BBA, Concentration in Accounting, 1991).
David can be reached at dahan@hylandlevin.com or 856-355-2991.