Thomas C. Martin, Esq.
Nowell Amoroso Klein Bierman, P.A.,Chair, CAI-NJ Legislative Action Committee
On the legislative front, a series of additional recent bills have either been proposed or are up for committee review.
Highlights of the more recent legislative activity include Senate Bill 2036. This Bill is designed to expand the ability of a planned real estate development to record a lien on a unit for delinquent maintenance fees. This appears to be a good development. There has been some question whether a planned real estate development (as opposed to a condominium or a co-operative or homeowner association) can record a lien. This proposed Bill seems to fill a potential gap in that area of the law and we support it. This is another effort to help assist associations advance their ability to enforce the governing documents and the maintenance fee obligations for the benefit of all of the unit owners.
Vacant properties that remain abandoned by unit owners or banks have been a recurring source of frustration. This is especially true if your adjacent property is abandoned. Such abandoned units can become an attractive nuisance or a harbor for animals or the like. Assembly Bill 3072 would help provide an incentive to make sure that the property is maintained. In its current form the Bill would help create a cause of action at law to maintain vacant and abandoned properties. A companion Bill is in the Senate, Senate Bill 115. We are monitoring these Bills and supporting them as a way to help take back control over properties that are abandoned but which are detrimental to the overall community.
The Legislative Action Committee of the Community Associations Institute has been watching these and a slew of other Bills in Trenton. The overall goal is to have a positive impact at the Statehouse to further the important needs of the membership.
We are still keeping an eye on other Bills providing for certain safety regulations. It is important to make sure that safety is addressed without unreasonably overburdening common ownership interest associations.
We are still addressing in the State Assembly certain options regarding Federal Home Loan guidelines to reduce the burdens on Associations and the Barrier Free Sub-Building Code. We are monitoring that bill.
With an election coming up it is anyone’s guess as to how these proposals may be ultimately addressed in the Legislature. Nevertheless, we continue to work on our own proposals to reach the Legislature for the betterment and advancement of our common ownership interest associations.
