David Byrne is a partner in Herrick's Community Association Practice Group. He concentrates his practice in the representation of condominiums, community associations, cooperatives and homeowners associations. David provides homeowners associations, condominiums and cooperatives with a full range of legal advice and services including the drafting and negotiation of service contracts, rules and regulations and alternative dispute regulations ("ADR"), collections, delinquent assessments and common charges, transition negotiations with developers and/or sponsors, construction defect litigation, municipal services and relations, fair housing compliance, restrictive covenant enforcement and interpretation, any necessary litigation-related services, governance, and the fiduciary duties of board members.
David successfully secured the dismissal of the complaint of several condominium owners in the United States District Court, District of New Jersey, regarding the United States Fair Housing Act, parking issues and allegations of retaliation, a decision reported at 173 F. Supp 2nd 244 (D.N.J. 2001). He successfully secured the Appellate Division's reversal of a trial court's refusal to apply the Municipal Services Act ("Kelly Bill") to a community association in development, a decision reported at 330 N.J. Super. 345 (App. Div. 2000). David successfully represented the association in the landmark New Jersey Appellate Court decision upholding parking-related rules on public roads in a private community and protecting that board from a defamation suit, a decision reported as Verna v. Links at Valleybrook Neighborhood Association, Inc. at 371 N.J. Super 77 (App. Div. 2004). He successfully argued that a condominium need not provide ADR prior to instituting an action for injunctive relief, in a reported decision, Finderne Heights Condo. Association, Inc. v. Rabinowitz, 390 N.J. Super. 154 (App. Div. 2007). David also appeared before New Jersey's Appellate Division, arguing in favor of a community association's right to tow vehicles, enforce restrictive covenants, protect owners' privacy and the collection of assessments and attorneys' fees. He successfully defended several associations via jury trials against fiduciary duty suits. He also testified before the 2003 New Jersey State Committee on Investigations inquiring into home construction and inspection abuses.
David frequently lectures for the New Jersey Chapter of the Community Associations Institute (CAI), the Cooperator, the South Jersey Condominium Managers Association, the Institute of Real Estate Managers, the New York/New Jersey Cooperator Annual Conference, NYARM, the Pennsylvania and Delaware Valley Chapter of CAI, and the Hudson Valley Chapter of CAI. He has lectured extensively on a variety of topics, including the recovery and management of assessments and/or common charges, a developer's obligations pursuant to New Jersey's Planned Real Estate Development Full Disclosure Act, alternative dispute resolution, mediation, transition, "going green" and communities, predatory towing, insurance, contract law, construction defects, fair housing, sponsorship duties per New York law, and rent receivership. He has written numerous articles for CAI's Community Trends magazine, the national publication Community Association Law Reporter, the New York and New Jersey Cooperator, CAI's Community Assets Magazine, CAI's In Focus Magazine, and the New Jersey Law Journal, addressing issues such as affordable housing, collections, rent receiverships, management and recovery of assessments and common charges, free speech concerns, ADR, fiduciary duty, municipal services, transition, fair housing, mediation, governance, rules and regulations, and foreclosure. David is also a member of the Advisory Committee of the Community Association Manager, a publication serving the needs of the country's community association managers. He has served, and continues to serve, as a consultant in legal malpractice cases involving community association attorneys, and on behalf of management companies and associations with regard to their fiduciary duties.
In 2008, David was named by the New Jersey Law Journal as one of the top 40 Lawyers under 40 in New Jersey. Prior to joining Herrick, David was the Chairperson of Stark & Stark's Condominiums and Co-ops Practice Group, and Co-Chair of its Community Association Practice Group.
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