Legislative Update: December 2022

In keeping with the theme of the December issue, looking back the New Jersey Legislative Action Committee (NJ-LAC) has achieved a number of legislative victories over the last several years, including:
• Expansion of lien priorities for condominiums (COAs) and homeowners associations (HOAs);
• Establishment of the “Radburn Statute” (although we do not take any credit for the regulations!);
• Car charging legislation favorable to community associations;
• Legislation that “tolls” the statute of limitations for construction defects during the period of developer control;
• COVID-19 Immunity for community associations during some of the toughest stretches of the pandemic;
• Making permanent the ability of associations to conduct annual meetings remotely; and,
• Successfully opposing a number of pieces of legislation that would have a negative impact on community associations.
We were named the NJ-LAC of the year by CAI National in 2020 and the Committee of the Year by CAI-NJ in 2021.
However, we are not going to spend too much time patting ourselves on the back, and we are not resting on our laurels. In the coming year we are looking forward to having the following pieces of legislation passed:
• Structural integrity (S2760/A4384);
• Fire Hydrant Maintenance (S2935/A3959; and,
• Developer Bonds for CIC site improvements.

In addition, we will do our best to ensure that other potential legislation, such as legislation relating to accessory dwelling units, board member training, and manager licensing contain appropriate modifications and amendments to protect your interests, and that legislation with negative impacts are properly opposed.

As we previously reported to you, the legislature has made a conscious decision to “slow-down” the legislative process and have additional committee hearings on important pieces of legislation in order to improve the legislative process. Therefore, some of these bills may take a little longer to wind their way through, for better or for worse. However, each legislative session is two years, so we still have a year left to try and get our priority bills through.

Happy holidays to all!

MATTHEW Z. EARLE, ESQ. KATES, NUSSMAN, ELLIS, FARHI & EARLE, LLP LEGISLATIVE ACTION COMMITTEE CHAIR

Leg.Up. Dec. 2022

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