Partner, Real Estate Department
Member, Community Association Practice Group
Member, Land Use Practice Group
Member, Planned Real Estate Practice Group
Member, Redevelopment Practice Group Practice Focus Mr. Smith focuses on land use and planned real estate development, including large mixed-use projects as well as active adult, golf course and resort communities. He has been involved in all facets of several hundred condominium, cooperative and other common interest projects, including conversions, dockominiums, golf course communities, retirement communities, and congregate care facilities. His vast experience includes all areas of community association law, with particular emphasis on transition from developer to unit owner control and complex problem solving in distressed common interest communities. Professional Activities / Honors · Listed in The Best Lawyers in America since 1983, in the Real Estate Law and Land Use & Zoning Law categories. · Selected as Best Lawyers "Real Estate Lawyer of the Year - Newark Area", 2011. · Charter member of the American College of Real Estate Lawyers (ACREL) and has served as vice chair of its Common Interest Ownership Committee. · Attorney member of the New Jersey Assembly Task Force to Study Homeowners Associations. · Former national trustee of the Community Associations Institute (CAI) and past president of the CAI Research Foundation. · Recipient of CAI's prestigious Byron Hanke Award for outstanding contributions to community associations. · Charter member of CAI's College of Community Association Lawyers. · Founding president of the New Jersey Chapter of CAI and serves as its General Counsel. · Chairperson, Board of Trustees of Bayshore Community Hospital Foundation. · Recipient of the Distinguished Alumnus and Heritage Awards from Johns Hopkins University. · Trustee Emeritus of Johns Hopkins University and Johns Hopkins Medicine. · Former Faculty member of the American Law Institute - ABA Panel on Planned Unit Developments and Golf Course Communities and of the national CAI Law Reporter Annual Conference. · Former Chair of the ABA Section Committee on Common Interest Community Associations. · Fellow of the American Bar Foundation. · Member of the Board of Directors of the 50+ Housing Council of the New Jersey Builders Association. · Former vice president and general counsel for both Levitt and Sons, Incorporated and Boise Cascade Building Company and was involved in sophisticated real estate transactions and development throughout the continental United States and in Puerto Rico. · Serves regularly as an expert witness in condominium and other community association matters. Publications / Articles / Presentations · Co-Author, New Jersey Condominium and Community Association Law (Smith, Estis & Li, GANN, 2010). · Author, "Amend Your Governing Documents and Make Other Major Association Decisions by Membership Consent Without a Formal Vote or Meeting," Managers' Quick Tips, May, 2009. · Author, "Prohibition of Leases and Other Rental Restrictions for Condominium Units," Community Trends, October 2008. · Author, "Updating Governing Documents Without a Meeting," Community Trends, April 2008. · Author, "Obtaining Unit Owner Approval - an Easier and More Effective Approach," Community Trends, November 2006. · Author, "Capital Contributions for Condominium Associations are Not Universally Invalid," Community Trends, January 2006. · Author, "The Age Restriction Maze Revisited," Community Trends, October 2005. · Author, "From Developer to Owner: A 13 Point Plan for Successful Transition," New Jersey Cooperator, October 2005. · Author, "Prohibitions or Limitations for Investor Rental Units - Are They Legally Valid," Community Trends, September 2004. · Author, "Avoid Legal Pitfalls in Active Adult Communities," The Council Communiqué, Fall 2003. · Author, "Good Standing - What Does It Mean?", September 2003. Community Trends · Author, "Modification of DCA Guidelines for '55 or Over' Exemption for Active Adult Communities," The Council Communiqué, Spring 2003. · Author, "Prior Board Approval of New Condo Residents - a Post 9/11 Approach," Community Trends, September 2002. · Author, "DCA Places a New Twist On '55 or Over' Exemption Under Housing For Older Persons Act," The Council Communiqué, Fall 2001. · Author, "Public Offering Statements - Necessary Evil or Protective Shield Against Liability?" Markitect, Volume 9. · Author, "A 13 Point Plan for Successful Transition of the Association Board to the Owners," Community Trends, October 2002. · Author, "Housing For Older Persons Exemptions The 80% Rule Revisited," The Council Communiqué, 1998, Volume 2 Number 3. · Author, "Fair Housing Act: '55 or Older' Exemption For Senior Housing," ACREL News, April 1996. · Author, "Fair Housing Act Holds a Trap For the Unwary Developer," Dimensions, March 1996. · Author, "The Condominium Subdivision and Beyond," New Jersey Lawyer Magazine, January/February 1996. · Author, "Age Restrictions for Senior Housing Communities," Community Association Law Seminar, 1996. · Author, "HUD Looks to Clarify Fair Housing Exemptions for Senior Communities," Dimensions, June 1995. · Co-author, "Associations Beware! FDCPA May Apply to Self - Help Remedies and Filing of Lien Claims," Exhibit A, Winter/Sprin 2000, Volume 4 Number 1. · Mr. Smith has been a frequent lecturer on various legal topics at several law schools, for the Real Property, Probate and Trust Law Section of the ABA and for ACREL, and at many seminars sponsored by the New Jersey Institute for Continuing Legal Education, NJ/CAI, the New Jersey Builders Association, and various other trade associations. Fellow: American Bar Foundation. |