Thomas C. Martin, Esq.
Nowell Amoroso Klein Bierman, P.A., Chair, CAI-NJ Legislative Action Committee
It was a pleasure seeing so many committed community association volunteer leaders, vendors and attendees at the recent Conference & Expo. The Conference & Expo seems to get bigger, more enriched and more beneficial every year. I sincerely hope all of you who attended had a great time meeting new friends and becoming more integrated into the Community Associations Institute.
On another note, I hope that everyone affected by the recent disaster is able to find shelter and comfort in this difficult time. Issues of life, health, family and shelter are the most important.
Inasmuch as legislation is concerned, it would seem the recent disaster has and will continue to impact the entire state. Trenton is occupied with these critical issues.
As it relates to this column and in order to provide an update for the membership, there is still a lot going on in Trenton this fall. A series of legislative initiatives have been recently proposed in our state capital. Other proposals have been pending for some time – probably waiting for the outcome of the election.
For example, on the foreclosure front, Senate Bill 2156 provides for an accelerated process for mortgage foreclosures as they relate to abandoned or vacant units. As we are sure you can understand, vacant and abandoned units have been a substantial problem across New Jersey and the country as a whole. Unfortunately, stakeholders have at times not been willing move forward with a foreclosure for a number of reasons. The delay and backlog in the courts tends to impact associations the greatest. We are supporting this bill and keeping a close eye on it. We are also addressing a possible way for common ownership interest associations to benefit from this process as well. A companion bill along the same lines is also pending in the State Assembly. We are monitoring that bill too.
In the same vein, Senate Bill 2157 entitled the “Foreclosure Transformation Act,” may help assist association in their efforts to advance foreclosures. This way it is hoped that common ownership interest associations can help get relief, break the chain of foreclosure delay and ultimately get paying unit owners to purchase, occupy and maintain the units.
As it relates to association enforcement action, Senate Bill 2036 would make enforcement of maintenance fee obligations more effective by closing what is perceived to be a loophole to some by making is earlier to record certain liens on units in certain of associations.
Further issues under consideration relate to new construction and the substantive issues surrounding release of developer bonds. We are working with the State Legislature to try to streamline what can be a complicated system. Overall, more information to common ownership interest associations regarding release of certain developer bonds may be a good way to help foster overall trust between common ownership interest associations the developers before, during and after the transition to unit owner control.
In the meantime, we will keep you advised and updated on these and other legislative issues. I truly hope that each of you and your loved ones stay safe and warn in this extremely difficult time.
