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In January 2018, when new Public Recreational Bathing regulations were implemented in New Jersey, interest in the specially exempt status of community associations spiked. This interest was fueled by community association board members hoping to avoid substantial costs for additional lifeguard personnel and equipment mandated by the new regulations. As specially exempt public recreational bathing facilities, community associations may legally choose to operate their pools without lifeguards. However, this decision must be carefully considered and made only after consultation with the association’s legal counsel, insurance agent, and pool operator.

New Jersey Bathing Code

The Public Recreational Bathing Code is part of the New Jersey State Sanitary Code set forth at Chapter IX, N.J.A.C. 8:26, et seq. (“Bathing Code”). It may seem counterintuitive, but community association pools used by two or more dwelling units are considered “public recreational bathing facilities” for purposes of these regulations even though they are not open to use by the public. The Bathing Code was updated by the New Jersey Department of Health on January 16, 2018 and community associations felt the impact immediately. Among other requirements, the new regulations mandate that all lifeguarded pools have an automated external defibrillator, lifeguard platforms are required at some pools that previously did not require them, and many pools must employ more lifeguards than previously required, each with their own lifeguard platform. The cost of the additional personnel and equipment is anticipated to be quite high for many community associations and this has led their fiscally responsible trustees to look for options.


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The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1, et seq., (“Bathing Code”), has changed as of January 16, 2018 and all pools in community associations with three or more dwelling units will be impacted.

Some of these changes are minor and most community associations will have no difficulty adapting to them. Other changes will result in increased costs to pool vendors, which may be passed onto the association. A few of these new requirements will require substantial unexpected and unbudgeted costs to associations. There may even be some confusion regarding who is obligated to comply with the Bathing Code.

All New Jersey Community Associations Must Comply With the Bathing Code

One may think that the Public Recreational Bathing Code would not apply to private community association pools. However, community association swimming pools, wading pools, and hot tubs/spas are considered public recreational bathing facilities as long as they are used by three or more dwelling units. Even though the general public cannot use these facilities, they must be operated in compliance with the Bathing Code.


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On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). PREDFDA governs homeowners associations, condominium associations, and co-ops. The new PREDFDA provisions apply to trustee elections and certain by-laws amendment procedures. They also permit an association’s board of trustees to amend the association’s by-laws without a vote of the unit owners. This may be very helpful to an association that needs by-laws amendments to operate more efficiently but cannot get apathetic unit owners to vote. There are two circumstances in which a community association board may amend the by-laws without the majority vote or procedures required by the by-laws:
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On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While the new law was created in reaction to litigation involving a community called the Radburn Association, which lacked by-laws that mandated fair and open trustee elections, it also includes provisions relating to amendments of the by-laws which will apply to all community associations. Here is what you should know about these by-laws amendment provisions which are effective immediately:
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On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While primarily governing the development of community associations (homeowners associations, condominium associations, and co-ops) PREDFDA also has many requirements relating to their operation and governance. The new amendments to PREDFDA were created in reaction to litigation involving a community called the Radburn Association, which lacked by-laws that mandated fair and open trustee elections. However, the amendments will also apply to community associations which do have by-laws with seemingly-sufficient election procedures, and that may be a surprise to many community association board members and managers. A few of these important provisions which relate to board elections are summarized below.
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As drone technology advances and the number of drones in the air increases, managers and board members in community associations are asking about drone policies. If drones are being used in your community or if there is a plan for their use, whether recreational or commercial, your board should adopt a drone policy. drone in skyWhen

Community associations in New Jersey which have pet restrictions may need to permit a disabled resident to maintain an animal in his or her unit depending on needs. This rule could even apply to a visiting guest who is disabled.

Most people understand that the blind are entitled to use a guide dog wherever they go. However, there are other types of animals that also assist individuals with different types of disabilities and these also must be allowed despite any community pet restrictions. This could range from a monkey which performs tasks for a person with a spinal cord injury to a cat that provides emotional support to an individual with PTSD. Even if your association prohibits pets (or has weight or size restrictions for pets) they may be required to permit such animals for disabled residents or guests.


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