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Wrong David Byrne?

David J. Byrne

Head of Practice Group

Ansell Grimm & Aaron P.C

HQ Phone:  (732) 922-1000

Direct Phone: (609) ***-****direct phone

Email: d***@***.com

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I agree to the Terms of Service and Privacy Policy. I understand that I will receive a subscription to ZoomInfo Community Edition at no charge in exchange for downloading and installing the ZoomInfo Contact Contributor utility which, among other features, involves sharing my business contacts as well as headers and signature blocks from emails that I receive.

Ansell Grimm & Aaron P.C

1500 Lawrence Ave Ste 1

Asbury Park, New Jersey,07712

United States

Company Description

For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to...more

Background Information

Employment History

Partner

Herrick , Feinstein LLP


Owner

David J Byrne LLC


Affiliations

Community Association Group

Co-Chairperson of Group


Association Help Now

Attorney


CAI

Board Member


Posts Tagged Community Association

Board Member


Stark & Stark P.C

Attorney, Sharholder


New Jersey State Bar Association

Member


State of New Jersey

Member


Business & Corporate Practice Group

Member


Mercer

Consultant


Education

B.A.

political science and history

Rutgers College


J.D.

Rutgers School of Law


Web References(150 Total References)


Ultimate Partners - Community Associations Institute New Jersey Chapter

www.cainj.org [cached]

David J. Byrne, Esq.
214 Carnegie Center, Suite 112 Princeton, NJ 08540 (609) 557-1031 (609) 228-5433


Collecting dues from a deceased owner » AssociationHelpNowTM

www.associationhelpnow.com [cached]

"It all comes down to equity," said David Byrne, an attorney with Ansell Grimm & Aaron, PC, in Princeton, NJ. "Equity is the key to deciding what steps an association takes to protect its interests after an owner's death.
According to Byrne, chairperson of his firm's Community Association Practice Group, if a home has equity, the association typically has nothing to worry about. If it doesn't, problems can and often do arise when collecting dues. "It's predicated on the American dream," said Byrne. "The assumption that you'll buy a house and later it will be worth more. Unfortunately, that's not always the case. If the home never appreciates in value, the whole scheme falls apart, and the heirs won't act, he said. The association can apply this methodology when analyzing a deceased owner's empty unit and estate as a whole. "For all intents and purposes, if the deceased's home or estate is worth something, there will be an economic incentive for the heirs to pay the assessments," said Byrne. In a positive equity situation, an association almost always gets paid after an owner dies because it has the same rights against the former owner's estate that it had when the owner was alive, he said. The rightful heirs or beneficiaries of the estate will eventually take title through the will or by operation of law, and that doesn't change anything from the association's standpoint. If assessments still go unpaid after that, the association can lien and threaten foreclosure pursuant to statutory procedures. "Normally, it won't come to that," Byrne explained, "because the successors don't want to lose the equity, whether it be in the home or the estate. In this case, he recommended waiting it out and leading with compassion. It may take time to get a loved one's affairs in order. "But eventually, the association will get paid," he said. In a negative equity situation, the board has a problem on its hands, but it can be remedied if swift action is taken, said Byrne. An association can get the money needed to fill the gap the deceased is not paying and also address maintenance issues with the vacant home. However, it won't be looking to the heirs to meet those needs."The way you hope it works is you get an inheritance and it's worth something," said Byrne. "But, if the deceased took out multiple mortgages on the home and has liens on the property, it's not worth anything." In a zero or minimal equity scenario, the association faces the challenge of an heir simply walking away from something he or she does not want. "Just because you are the beneficiary under a will does not make you liable for the debts of the decedent," Byrne said. "And if there is nothing you want, there is no reason to take care of the home." When an owner dies and a lender does not foreclose, the home continues to be owned by the deceased, he said. The heirs have no obligation to take care of it or to pay its mortgage or association fees. "Basically, it can just sit there empty until the bank decides to do something with it," Byrne said. It also helps to prevent a vacant unit from falling into neglect and disrepair, Byrne added, because receivership allows the association to access the home quickly following the death of an owner. In two of the three states in which Byrne practices, New Jersey and Pennsylvania, receiverships are fairly common and easily obtained. In fact, in Pennsylvania, Byrne's clients have never been refused in a receivership attempt. In the third state, New York, they are not, he said. This is mostly due to an antiquated judicial system that frowns upon giving associations control over a deceased person's property. As an alternative, Byrne recommended that associations look at provisions in the master deed, declaration and/or bylaws that may allow them to seize abandoned units and rent them under a surrender clause. "It's a procedure I've used myself as a creative way around the ongoing receivership issues in New York, as well as in relation to some difficult judges in New Jersey," he said. If a receivership or surrender isn't a viable option, Byrne said that associations should follow through with the more lengthy process of lien foreclosure. Additionally, he said that regardless of what method it uses to collect dues from a deceased owner, an association should always file a lien if assessments become delinquent. "The downside of doing the lien foreclosure, however, is ownership," Byrne said. "The condition of the home and the impact it has on the neighbors is important, regardless of whether the units are attached or the homes stand alone," Byrne said. "From there, it's a pretty simple focus point," said Byrne.


Entering a Vacant Unit the Case of Emergency: How Associations Can Prevent Liability » AssociationHelpNowTM

www.associationhelpnow.com [cached]

We spoke with David Byrne, an attorney with Ansell, Grimm & Aaron, PC in Princeton, New Jersey, Chairperson of that firm's Community Association Law Group, to answer questions regarding what to do in emergency situations and how associations can protect themselves from liability with a proactive approach.
According to Byrne, "the New Jersey Condominium Act empowers a condominium to enter a unit in the event of an emergency. Although a manager can technically enter a unit legally, there are specific protocols a manager must follow to ensure their entry abides by the law and prevents liability. Following a manager's entry into a townhouse or condominium, it is not abnormal for residents to accuse a manager of theft or damage. How can managers and associations avoid these accusations from developing into lawsuits? According to Byrne, the most important precautions are to enter a unit with multiple persons and to take many photographs for evidence. Managers must be able to defend against any charges of improper conduct upon emergency entry. It is essential that a manager has substantial evidence to prove that it was absolutely necessary to enter the unit, said Byrne. Byrne defined an emergency as a situation that presents an "ongoing risk" and that has the "capacity to damage common elements of a unit and/or other surrounding units. Once a manager declares a situation an emergency, he should attempt to gain permission from the owners or occupants to enter. In the event that a manager can not get in contact with anyone, it may be essential for the manager to enter the unit anyway. According to Byrne, "a condominium may have a duty to enter a unit and/or take action in the event of an emergency whether there was or was not a response from the owners of the unit. The relevance of a form permitting an association to enter in an emergency and/or a verbal response permitting entry will depend upon the situation." In addition, just because a unit's owner or occupant fills out a form giving the association permission to enter in an emergency, does not mean the association is entirely free from liability. According to Byrne, each situation is different and dependent on a variety of factors. "Generally speaking, an agreement by which a person and/or entity waives his/its rights with respect to something that hasn't happened yet are void, as against public policy. One who knows he cannot be liable for his actions and/or inactions when entering a unit is likely to not care what he does or doesn't do. Also, in some circumstances a condominium is obligated to take a particular action, whether or not an owner signs a form. In that case, a form could be void as lacking legally sufficient consideration," said Byrne. If a key is left with the management office, is it assumed that management can enter without getting specific permission to enter during an emergency? Again, the answer to this question is ambiguous. If a key is left with the management office, it may seem that management can enter a unit without getting specific permission. However, Byrne told us that management can not make these types of assumptions. "Generally, it would depend upon the circumstances. If, for instance, the unit's occupant leaves a key voluntarily, then perhaps condominium entrance is allowed without fanfare. If, however, the occupant must leave a key, by virtue of a rule or such, the rights of the condominium related to said key should presumably be part of any rule by which the mandate was set," said Byrne. According to Byrne, a condominium has various duties to protect common elements and/or units, which may necessitate the entry into a unit, regardless of foreclosure, ownership status of a unit, or lack of permission from an owner.


News » 5/15 » Ansell Grimm & Aaron, PC

www.ansellgrimm.com [cached]

CAP Group Chair, David J. Byrne to Present at CAI's Roundtable Series
The New Jersey Chapter of the Community Associations Institute will host, and Ansell Grimm & Aaron, PC will sponsor, a Manager Best Practices Roundtable Discussion and Networking event on Thursday, April 7. David J. Byrne, Esq., head of Ansell Grimm & Aaron's Community Association Practice Group, will facilitate a discussion at the event on reasonable [...] Visit AGA CAP Group at the CAI 2016 Annual Conference and Expo AGA's Community Association Practice Group Attorneys David J. Byrne, Richard 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.


Association Help Now - New York City

www.usahn.com [cached]

David J. Byrne, Esquire
Ansell Grimm & Aaron, PC 140 Grand Street, Suite 401 White Plains, NY 10601 609-557-1031 This email address is being protected from spambots. David J. Byrne, Esquire David Byrne, Esq. 210 Carnegie Center, Suite 102 Princeton, NJ 08540 This email address is being protected from spambots.


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