Condominium Association Representation

Tesser & Cohen has extensive experience in the representation of condominium associations. Whether it relates to defective construction, transition issues, or day-to-day condominium issues, Tesser & Cohen provides the expertise that will assist the association in making the right decision. We represent condominium associations in all legal aspects, including the review of condominium documents, the POS, master deed and by-laws.

Tesser & Cohen specializes in all aspects of construction defect litigation involving condominiums as well as negotiations with developers and engineers through the transition phase for new condominiums. Finally, our experience also includes the preparation of condominium resolutions, amendments to the governing documents, and review and analysis of the controlling master deed and by-laws. We are routinely involved in the preparation of condominium contracts including agreements with management companies, construction and maintenance personnel, insurance policies for the Board of Directors, assistance with the preparation of yearly budgets, and review of capital reserves.

A brief sampling of our experience in condominium law and condominium litigation is as follows:

Admirals Walk - A hi-rise condominium located in Edgewater, New Jersey situated on the Hudson River which had several defects including settling cracks in many units. Litigation was commenced by the association against the general contractor, developer, and various trade contractors involved in the repair and maintenance of the condominium.

Buckingham Towers - This hi-rise luxury condominium is located in Fort Lee, New Jersey and had serious problems with water entry through the exterior walls. The association commenced litigation against the developer, general contractor, trade contractors and architect responsible for the design and construction of the building. In this litigation, Tesser & Cohen was responsible for representing the general contractor who built the condominium complex.

Beach House - A beach front condominium located in Margate, New Jersey which had several leakage problems including water entry through the condominium’s exterior walls. Our involvement included review of the construction and design problems with experts, review of condominium governing documents, construction contracts, and negotiations with the developer and contractor.

Park Hudson - A condominium located in Palisades Park, New Jersey along the Hudson, River.   In this case, Tesser & Cohen represented the association who hired an engineer and architect to design and repair the condominium’s exterior parking garage entry ramp. Two days after the work was completed, the new macadam “slid” down the garage ramp resulting in numerous potholes and cracks in the entrance ramp. We were successful in recovering repair costs to fix the problem and consequential damages against the contractor and engineer.

Tennanah Lake- A large townhouse development located in the Catskills region of New York State. The developer entered into a contract with a local engineer, which required the engineer to obtain critical environmental approvals within six months of commencement of the project. Tesser & Cohen represented the developer who sued the site engineer as a result of a three year delay in obtaining the approvals, which were required to build the project. Based upon the quality of the design submissions, the developer was able to recover against the engineer for his faulty design and lost profits, which the developer would have realized if the engineer had performed in accordance with his contract.

Roc Harbour - Another condominium on the Hudson River. It was discovered shortly after completion of the construction that the buildings were “sliding” into the river due to extreme settlement in the soft soil next to the river. The lawsuit involved the contractor, soils engineer, and architect.

Pocono Park - A medical condominium located in Denville, New Jersey that was involved in construction defect litigation with the developer and architect regarding major problems with the building’s HVAC units.

Heatherwood Villas - A condominium located in Edison, New Jersey which commenced litigation against the developer for various defects to the buildings and exterior site for drainage problems. In this litigation, Tesser & Cohen was successful in suing the key principal of the developer individually and ultimately obtained a judgment against him, as the corporate developer was a “shell” corporation without any assets. This litigation involved claims for the FRT plywood problem, which has afflicted many condominium associations.