Thomas C. Martin, Esq.
Nowell Amoroso Klein Bierman, P.A., Chair, CAI-NJ Legislative Action Committee
As you may recall from prior editions of this column, common ownership interest associations are simply non-profit corporations. We are organized and exist under various laws which govern how decisions are made.
The watchword is autonomy.
Recent stories in the news media lately tend to paint an unfair one sided picture of Associations. For example, the veteran who cannot fly a flag or the person who bought a family dog and not being cognizant of the Association’s rules and regulations. This is why there is a recording system to put everyone on notice of these deed restrictions.
Of particulate note lately is also our effort to engage directors in their judgment based on the professional opinions of their property managers, lawyers and accounts. As a committee, we are working on addressing some of the issues that preserve the integrity of the Association. As it relates to Boards of Directors, the seemingly ever-present prospect of conflicts of interest can be a substantial obstacle to the legitimate self-governance.
Disclosure among Board Members is critical to allowing the Board to function. To that end, we are still moving our proposed conflicts of interest bill through the legislature. Through the bill, we hope to make the “rules of the game” so to speak easily understood. Bright line rules in this regard are more helpful to provide needed guidance in this field. This way, all can be aware of what works and what will not work.
This legislation in New Jersey is continuing its path in Trenton and we will continue to keep you advised.
Please also keep in mind the Council of State Governments, Eastern Regional Conference is conveniently located in Atlantic City on July 20 – 23, 2012. If you wish to consider attending or for more information, you may please feel free to visit their website at CSGEAST.org.
We remain closely attuned to several pending bills, especially those potentially adverse to our membership. We continue working with our municipal entity counterparts to address and reduce charges that constantly seem to pop up to our membership from the local government.
We are opposed to current efforts to make associations pay for developer costs of compliance with federal law.
In closing, we work to try to make sure unnecessary burdens are not being imposed on the membership.
In the meantime, enjoy the summer.
