November 2011

Thomas C. Martin, Esq. Nowell Amoroso Klein Bierman, P.A., Chair, CAI-NJ
Legislative Action Committee

A myriad of legislative initiatives related to common ownership interest associations are pending in Trenton.  Many of these proposals engage a wide variety of issues including pesticide applications, licensing of certain employees and regulation of board and open meetings.  Board elections are also the subject of a recent legislative proposal.

Among the issues the Legislative Action Committee are addressing relates to air quality standards, controls on management and board members, building code enforcement, creating standards for association governing documents, board election standards and mandatory registration for certain contractors performing work on association property.

In connection with our function as the Legislative Action Committee of the New Jersey chapter of the Community Associations Institute, we work to make sure your voice is heard and impacts Trenton.  The State House is generally seeking new ways to assist community associations in their efforts to self-govern.  Nevertheless, the vast majority of responsible community associations, the volunteer board members (who serve without pay) and their managing agents know how to address issues fairly, quickly and efficiently.  Our efforts are geared toward serving as a resource to the Legislature and to help inform them of the issues uniquely affecting common ownership interest
associations.

We try to keep our initiatives as straightforward and simple as possible.  In keeping with today’s political atmosphere, “simple” is easier said than done.

On the economic front, there is some information that mortgage companies may have freed up some additional money to increase purchase and refinance loans recently. Other lenders seem to appear to be more willing to work out long-term payment plans and schedules in order to keep unit owners in place.  If this means keeping a unit owner contributing to the maintenance fees, these may be good initiatives from the lenders.

All kinds of disparate interests seem to be completing in Trenton.  It is no secret the recession has impacted housing.  This dramatically affects buyers and sellers. Unfortunately, it also has a debilitating effect on community association efforts to enforce maintenance fee obligations.  This is especially challenging today in this day of rampant foreclosures and “under water” units.

The net effect for the time being may be why we are seeing so many bills from Trenton relating to housing in general and some of these bills also have fees attached to them.

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