August 2022 CAI-NJ

HOARDING... from page 14.

a recommendation for one, but know that the court could appoint its own representative, such as another attorney or other third-party. The receiver’s cost will normally be paid for by the movant – the asso ciation. It is important to review the governing documents to see if these fees paid by the association can be billed back to the member. Further, the association’s management company will want to provide the association with the budget for receiver expenses, prior to requesting receiver. For instance, if it is going to cost $20,000 to have a cleaning compa ny come in and dispose of items and clean the unit, those fees will have to be paid for, normally, by the associ ation, upfront. The association does not want to have a receiver appointed and then not have the funds to pay for the same. As such, having the

For instance, if there are noxious odors emanating from the unit and the member has not addressed, the asso ciation wants to thoroughly inform the court of the same. Having the manage ment company perform an inspection of the unit with pictures, as well as docu menting claims from other members on the issues will greatly assist in helping the court to decide whether receiver should be appointed. How Much is This Gonna Costs? And, who is Gonna Pay for This? The receiver is an officer of the court. Even though they may be requested by the association, the receiver’s obligation is to the court. When requesting the receiver, the association should make

management company provide the association a thorough report of what is needed is vital to having the asso ciation make an informed decision on whether to proceed with the receiver ship motion. Receiver’s Powers If a receiver is appointed for these types of health and safety issues, they will most likely need to decide whether an item is trash or not. For instance, a bag of old food is clearly something that can be thrown away. However, if there are boxes of old books, pictures, or other items, are those items really trash? The question to ask is whether it is causing a health or safety issue. Rotting food or a very unclean shower or toilet can cause severe health and safety issues whether it be wanton crit ters, bugs and or mold. As such, the receiver’s order should state what they can dispose of. If there is a question, then the receiver can have a motion filed with the court to decide. But again, it is important to have counsel provide the receiver’s powers within the proposed form of order so that the association is not going back and forth with the court to find out whether a box of old newspapers can be disposed of or not as these costs will incur attorney’s fees. These are just some of the issues that need to be thought of by an asso ciation prior to requesting receiver be appointed to address health and safe ty issues at unit. Thoughtful counsel to help plan and prepare an association prior to filing a motion is vital. n

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