The New Jersey Nonprofit Corporation Act (N.J.S.A. 15A:5-1, et seq.) (the “Act”) was amended on Monday, January 22, 2022, to permanently allow remote community association member meetings (using Zoom, Teams, or other remote communication technologies). Previously, the Act permitted remote meetings of members-only when New Jersey was in a declared state of emergency, such as the COVID-19 pandemic. This new legislation (A5549/S4112) gives communities more flexibility in conducting association member meetings and will hopefully result in increased member attendance for quorum and voting purposes.
Continue Reading New Legislation Permanently Allows Community Association Members to Participate in Member Meetings Via Remote Communication
COVID-19 Immunity Law for Community Associations Expires January 1, 2022
As we reported in our previous blog, on July 1, 2021 Governor Murphy signed a COVID-19 liability protection bill and, by doing so, gave community associations some immunity from certain legal claims arising from COVID-19. The law provided that a community association “shall be immune from civil liability for damages arising from, or related
Five Steps to Successful Trustee Elections
Step One – Start Early. The time to start working on your next election is the day after your last election.
- Make notes for next year. What worked well? What could be done better?
- Clearly note the new (and existing) trustee terms in the minutes. Too often trustee terms get confusing, especially when there are appointments to vacant positions.
- Save the draft minutes so they can be located and approved at the next annual meeting.
- Consider amendments that will make the election process easier: electronic voting, electronic notice, quorum reduction, absentee ballots, eliminating double ballot procedures. Get those amendments approved and recorded at least three months before your next annual meeting.
Condo Association Boards: Plan for the Future by Staying Ahead of Maintenance and Repairs
If you serve on the board of a condo association, you’ve likely seen instances of kicking the can down the road and deferring needed maintenance and repairs. Allocating and reserving funds for repairs can be a difficult, complicated process, and coming to a decision about these issues can easily lead to tensions between board members and neighbors.
Even so, it’s important to take steps now to ensure the adequate repair and maintenance of your building. Deferred repairs and insufficient reserves can lead to greater and more urgent expenses down the road—as well as jeopardize the safety of your residents and put you at risk of legal liability.
Does Your Community Association Want the New COVID Immunity? Post Your Signs Now!
On Thursday, July 1, 2021, Governor Murphy signed a COVID-19 liability protection bill and, by doing so, gave community associations some immunity from certain legal claims arising from COVID-19. The law provides that a community association “shall be immune from civil liability for damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises” providing the association has prominently displayed a sign “at the entrance of any communal space shared by…residents and their guests, such as pools, gyms, and clubhouses.” The sign must state the following:
“ANY PERSON ENTERING THE PREMISES WAIVES ALL CIVIL LIABILITY AGAINST THE PLANNED REAL ESTATE DEVELOPMENT FOR DAMAGES ARISING FROM, OR RELATED TO, AN EXPOSURE TO, OR TRANSMISSION OF, COVID-19 ON THE PREMISES, EXCEPT FOR ACTS OR OMISSIONS CONSTITUTING A CRIME, ACTUAL FRAUD, ACTUAL MALICE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT.”
Continue Reading Does Your Community Association Want the New COVID Immunity? Post Your Signs Now!
American Rescue Plan Act of 2021 Provides For Additional Cash Assistance and Supplemental Federal Unemployment Benefits
On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (the “Act”) into law. The Act is a $1.9 trillion economic relief package intended to address the COVID-19 pandemic.
Continue Reading American Rescue Plan Act of 2021 Provides For Additional Cash Assistance and Supplemental Federal Unemployment Benefits
Electric Vehicle Charging Stations – Pulling Up to Your Community Association Soon?
As electric vehicle production and use are becoming a significant part of the country’s energy conservation and global warming reduction effort, many states are passing laws in order to help expand the installation and use of electric vehicle charging (EVC) stations. New Jersey has now joined that list of states.
Continue Reading Electric Vehicle Charging Stations – Pulling Up to Your Community Association Soon?
A Rise in Bankruptcy Filings for 2021 and How Associations Should Brace for Impact
2020 marks the year of COVID-19, economic shutdowns, unemployment, and business closings. However, with approximately $4 trillion dollars in pandemic aid, many individuals were able to avoid foreclosure and bankruptcy. With federal funding providing an additional $600 per week to unemployment checks, many individuals received more in unemployment benefits than they would have received in their paychecks. Mortgage foreclosure moratoriums also assisted individuals financially impacted by the pandemic. What is in store for 2021 with federal stimulus and forbearance plans ending, and unemployment on the rise? 2021 may mark the year of soaring bankruptcy filings.
Continue Reading A Rise in Bankruptcy Filings for 2021 and How Associations Should Brace for Impact
AAA Arbitration: The Jury is Out
A number of community associations are governed by Declarations/Master Deeds and By Laws containing a provision that any controversy or claim arising out of, or relating to the Declaration/Master Deed or By Laws, must be submitted to and decided by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. This provision is intended to provide a cost and time efficient alternative to litigation. In theory, the use of the AAA for resolution results in a faster and less costly alternative to litigating such controversies and claims. In fact, depending on the nature and size of the matter, advantages of utilizing the AAA do exist.
Continue Reading AAA Arbitration: The Jury is Out
Pools (and Some Other Amenities) are Opening in New Jersey! Should You Open Yours?
Governor Murphy has now announced that community association pools may open in New Jersey on June 22. If you didn’t hear that announcement, you probably did hear the collective cheers from Cape May to Mahwah.
But, just because pools and some other amenities may open, you must ask: should you open yours?
Continue Reading Pools (and Some Other Amenities) are Opening in New Jersey! Should You Open Yours?