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
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.
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!
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?
Effective May 18, 2020, proposed regulations to PREDFDA were adopted and published by the New Jersey Department of Community Affairs, Division of Codes and Standards (DCA).
In July 2017, several amendments to PREDFDA (N.J.S.A.45:22A-43) were signed into law becoming known as the “Radburn Election Law” (P.L.2017, c. 106). These amendments broadly focus on membership voting rights, elections, and by-law amendments. In June 2019, proposed regulations to the Radburn Law were introduced and the public was given a period of time to comment on the proposed regulations. While comments were mixed, there was strong opposition to many of the provisions. The regulations have now been approved and published.
While the provisions of the Radburn Regulations are substantial, following are the provisions which are most significant and/or most relevant to the majority of community associations:
The Legislature passed S2342/A3915, which allows non-profit corporations to hold member meetings remotely during this state of emergency, to the extent that the board adopts guidelines to establish procedures governing member meetings. The bill was just signed into law by Governor Murphy.
Continue Reading Governor Murphy Signs Into Law Title 15 Amendment to Allow for Remote Member Meetings
Although CAI-LAC has received word that both houses of the Legislature have pulled the collection moratorium bill COVID-19 Financial Security for Consumers Act, from the bills to be heard today, it does not mean that the bill will not advance.
We believe it means the Legislature is aware how devastating the bill would be to community associations. However, it is still so important that you write to your legislators in your district to express your strong opposition to the bill.
Acting Governor Sheila Oliver has signed into law S1150, creating a flexible inspection schedule under the Department of Community Affairs (DCA) for multiple dwelling inspections under Title 40.
Historically, the DCA has required inspections at a minimum of once every five years. The length of time between inspections raised concerns over what additional violations could take place over the period before the next inspection, as well as the potential lack of action to address noted issues. To provide a solution, S1150 was introduced by sponsors Sen. M. Teresa Ruiz and Sen. Brian Stack.
Continue Reading New Tiered, Flexible Multiple Dwelling Inspection Schedules in New Jersey
Governor Chris Christie recently signed a bill that changes how elections in Fair Lawn’s Radburn neighborhood are run — which will impact the approximately 7,000 common interest communities in New Jersey. The so-called “Radburn Bill” changes how residents are elected to Radburn’s board of trustees.
Radburn is one of the oldest planned real estate developments (PREDs) in the United States. There are approximately 3,100 people residing in Radburn. The development includes 469 single-family homes, 48 townhouses, 30 two-family houses and a 93-unit apartment complex. Radburn was created in 1929 as a “Town for the Motor Age,” and includes 18 acres of parks, a shopping plaza, and an elementary school. In Radburn, founders attempted to create a self-sufficient community.
Continue Reading Are Free Elections Guaranteed in New Jersey’s Planned Communities?
The New Jersey state Senate passed the bill 181, authored by Senator Christopher Bateman(Hunterdon, Mercer, Middlesex and Somerset), by a vote of 35-0 on January 23, 2017.
The bill, if passed by the Assembly and signed into law by the Governor, will render void and unenforceable any indemnification/hold harmless language in a contract with a snowplow vendor. This bill will not apply to the State or any municipal government.
Passage of New Jersey Senate bill 181 will have dire consequences for community associations.
Continue Reading NJ S181-Act Concerning Snowplow/De-Icing Service Contracts in Community Associations