Thomas C. Martin, Esq.
Nowell Amoroso Klein Bierman, P.A., Chair, CAI-NJ Legislative Action Committee
Enjoy the Conference & Expo! We are expecting a great turn out of attendees from our association members, professionals, managers, sponsors and all those who service our ever growing industry. The Conference & Expo is a great opportunity to meet new friends, make contacts, re-connect with existing relationships and learn a lot of practical information from our conference presenters.
We have prepared what we feel is a comprehensive Legislative Update for our members and Conference attendees. Hope to see you there. Of course, all are welcome.
On the legislative front, Trenton took a short time off but noe that it is September, the Statehouse is very active. As the Legislative Action Committee, we are committed to making sure that your voice is heard in Trenton.
One current proposal (S-2795) pending in the State Senate, seeks to realign certain building code enforcement activities from municipalities to the State. We are keeping a close watch on this bill because it can have wide-ranging impact on common ownership interest associations and how we operate and how are inspected by the State.
Another area of pending legislation involves what one may call the corporate governance and voting process of our associations. For example, there is legislation afoot that seeks to change the standards for association governing documents (A-2971). Assembly Bill A-4080 also seeks to place controls on membership and management of associations. To round out this package of bills, A-2187 tries to establish certain additional election standards. We are monitoring these bills to make sure they accomplish their intended purposes while at the same time trying to prevent them from being exploited as convenient excuses to tie up associations in a maze of regulations.
As you can probably guess, there are also several pending bills involving taxation, which we are monitoring.
A-3817 is another bill we are closely watching as it affects charges for certain developer fees for making site improvements. Again, this is another bill that may have the potential effect of increasing costs to common ownership interest associations.
Further bills receiving attention, as summarized, as follows:
- A-3773. This bill requires the Department of Community Affairs to establish indoor air quality standards concerning mold hazards and requires certification standards for mold inspectors and mold remediation workers. We are currently working with the Assembly sponsors to address an exemption for common ownership interest association employees. While indoor air quality is important, we want to make sure that your association does not have to pay extra to get your superintendent now “certified” in mold remediation. There are a number of companies that already perform that kind of service which are already experienced and certified and to have to now pay to “certify” your superintendent would be an additional unnecessary expense.
- A-4100. This bill is commonly called the “Contractor’s Registration Act.” Generally, this proposed law serves the purpose of making sure a local contractor has accurate and up to date contact information and insurance. On behalf of our Associations, we want to make sure this bill does not nnecessarily sweep within it our maintenance personnel and thus wind up unnecessarily increasing costs to Associations.
- A-4117. This proposal addresses and clarifies the delivery of certain governmental and Department of Community Affairs notices within common ownership interest associations. We are monitoring this bill and keeping an eye on it to make sure that such notices are actually going to be sent to the right managing agents in charge.
- Finally, the “Safe Fields Playing Act,” involves and regulated the use of certain pesticides. We are exploring a number of avenues with the legislature on this bill to make sure it can address its purpose while reducing the burden on our association members.
In closing, enjoy the Conference & Expo and stop by to see our Legislative Update.