Jean Bestafka – Renaissance at Manchester
Vice Chair, New Jersey Legislative Action Committee
CAI has an “Amicus curiae” or “Friend of the Court” Program through which we assist in court cases involving significant community association issues. Amicus curiae briefs allow CAI to educate a court about important legal issues in cases related directly to the community association industry. These amicus brief submissions give CAI the opportunity as an organization to help shape the outcome of matters of importance to community association law. The CAI name represents a level of expertise, knowledge and professionalism in community association matters that adds weight to a community association-related submitted brief.
To be more effective in these efforts, the Legislative Action Committee has created an “Amicus” Program sub committee. The sub-committee includes attorneys with varied community associations experience and the chairman of the Legislative Action Committee. The sub-committee will develop mechanisms for CAI to deal quickly and efficiently when asked by our communities to assist. They will evaluate proposals for briefs and make recommendations regarding the appropriate level of involvement in any given case.
It is important for our members to let CAI know when they are involved in, or become aware of, a lawsuit which may have an impact of general concern to the industry. We can only participate and have our views expressed when we know about these cases as they first arise.
In addition, CAI continues to work to meaningful and effective legislation to enhance our communities.
The Manager Licensing bill continues to work its way through the state legislature in Trenton. The Assembly version of the bill, A2658 passed in the Assembly. The Senate version of the bill S-2578, was officially introduced on February 22, 2013, and awaits scheduling before Chairwoman Nia Gill and the Senate Commerce Committee. CAI representatives met with Senators Gill, Kean, Lesniak, and Cardinale to discuss the reasons for the bill and share issues and problems in communities that the bill will alleviate.
CAI supports A-3497 sponsored by Assemblyman Herb Conaway, which revises the residential property mortgage foreclosure process, requires documentation of right to foreclose and consultation on foreclosure alternatives and provides expedited process for foreclosing abandoned properties. The current process is fraught with difficulties in trying to get the bank to maintain the foreclosed property.
We continue to review and monitor a number of bills such as S-2491, sponsored by Senator James Holzapfel, which requires installation of emergency power supply systems to certain common areas of new planned real estate developments.
A few months ago, we reported on the new federal energy efficiency standards which take effect in northern states, including New Jersey. Under the Department of Energy rules, gas furnaces must be at least 90 percent efficient, compared with the current 78 percent efficient criterion. These rules were due to take effect on May 1st. The American Public Gas Association (APGA) filed a motion to have the Department of Energy
repeal the law and we are waiting for the courts to rule. Since the Washington DC court of Appeals has not ruled, the court has been asked to stay the implementation of the regulations until the court rules.
