James Magid, CMCA, LSM, PCAM – Wentworth Property Management Corp., AAMC
Chair, CAI-NJ Legislative Action Committee
February is shaping up to be a busy month for the New Jersey chapter at the Statehouse. Early in the month, Senator Jeff Van Drew, sponsor of the Manager Licensing legislation, will be introducing the Senate version of the bill for consideration by the Senate Commerce Committee. Our government affairs team has spent the past few weeks meeting with Democratic and Republican leadership on the bill in anticipation of its introduction, and we are cautiously optimistic that the bill will move through the process over the next several months.
Members of the Legislative Action Committee and our lobbyists met with one of the sponsors of proposed legislation that would make homeowners’ associations in which developer control of executive board has not been surrendered a public body under “Senator Byron M. Baer Open Public Meetings Act.” The legislation seeks to provide a remedy for those communities in which a developer remains in the control of the association board for a protracted period of time, be it due to the downturned economy or a sluggish housing market, in an effort to ensure that meetings are held at proper intervals, with proper representation by the developer and the unit owners within the community, and with proper notice to the unit owners. In researching the issue prior to our meeting with the sponsor, we found an article published in the October 1991 issue of Community Trends®, written by Michael Pesce, PCAM, entitled “Complying with the Open Board Meetings Act – A Manager’s Perspective”, and we became acutely aware that ongoing education is warranted. Community Managers and Board Members are encouraged to review the Open Board Meetings Act and make sure that you are in compliance. The chapter will continue to work with the sponsor on this issue, and will reach out to the New Jersey Builders Association as well.
As Jean Bestafka, Vice Chair of the Legislative Action Committee, mentioned in last month’s Legislative Update, a number of bills were introduced as a result of Super Storm Sandy, including S2341 which would require retirement subdivisions and retirement communities to install electrical generators to provide electricity to common use area to be used as shelter in case of emergency and S2343 which would require emergency operations plans in certain senior occupied buildings. The Legislative Action Committee discussed both bills at its meeting in January 2013 and agreed to oppose both bills on the basis that the state government is overreaching its authority within private associations.
Look for more information on these and other issues in next month’s issue.
