Thomas C. Martin, Esq.
Nowell Amoroso Klein Bierman, P.A., Chair, CAI-NJ Legislative Action Committee
With the Presidential election in full swing one would think the State Legislature would be too busy to address, debate and consider legislation. Nevertheless, that is not the case. Our Legislature here in New Jersey is very busy and the new bills just keep on coming.
In connection with our overall strategy and efforts to recognize the members and substantial voice of our membership homeowners and unit owners, we at the Community Associations Institute are working with everyone we can to propose and help adopt meaningful legislation. The goal is to assist and protect our membership in their greatest investment – their home. Whether garden apartment style, townhome, high-rise or homeowner association, the fact is common ownership interest associations are increasing in number and in sophistication.
Community association volunteer leaders work tirelessly along with their managing agents and other professionals in order to continue to raise the bar for all association and to improve the quality of community association living for all.
As we mentioned in prior editions, we are closely watching legislation designed to assist associations preserve their lien rights. Incentivizing out-of-state lenders to maintain abandoned properties is another measure we have working its way through the Legislature in an effort to make correct and clean up the too lengthy foreclosure process. Moreover, we continue to work to address certain Federal Home Loan guarantees and the process involved to make sure that Unit Owners can have access to housing while at the same time reducing the paperwork burden on Associations and their Managing Agents.
Some of the more recent hot topics pending in the State Legislature include renewable resource tax energy credits and related “green” legislation. The key here is to encourage use and adoption of reasonable regulations that foster renewable resource use without imposing an undue burden on the subject association.
We continue to focus on the epidemic levels of delinquent maintenance fees.
In particular, we are watching two more pieces of proposed legislation. We are hopeful these new items may make it easier for Associations to recover past due and owing maintenance fees more rapidly.
In keeping with that goal, we have at least three more additional proposals pending in various committees in Trenton to accelerate the foreclosure process. The issue here is to try to get realistic relief for Associations and the Unit Owners who pay the maintenance fees on a timely basis.
Hopefully and with luck and persuasion, the State Legislature will see the reality of the significant economic challenges facing our membership. We will continue to keep you advised and up to date on our efforts on these issues.
