CAI-NJ June 2020(w)

Community Trends ® June 2020

CONFLICTS

SIphotography / iStock / Getty Images Plus

In This Issue

• Does My CommunityAssociation Need a Social Media Policy? • How to Avoid Mediation • Did You Check Your Governing Documents? • Pests Don’t Care About COVID-19 • ....and more

Now more than ever... Community.

The Community Associations Institute New Jersey chapter would like to thank its 2020 Ultimate Partners below. For more information on our sponsorships, please contact CAI-NJ at 609-588-0030 or info@cainj.org.

Becker & Poliakoff, LLP

T hank You Fo r You r Suppo r t !

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS

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Does My Community Association Need a Social Media Policy? By Jonathan H. Katz, Esq. Hill Wallack, LLP

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How to Avoid Mediation and "Do One Thing Better" By Kari Valentine, CMCA, AMS Associated Energy Did You Check Your Governing Documents? By Nicole Martone, CMCA, AMS, PCAM Associa - Community Management Corp. of New Jersey, AAMC

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Pests Don't Care About COVID-19 By Randy Vogel Cowleys Pest Services

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Management Trends By Mary Barone, CMCA, AMS Access Property Management, Inc., AAMC, AMO

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EXTRAS President’s Corner Looking Ahead

5 6 7 8

CAI-NJ Upcoming Events

Legislative Update

Your Voice is Key for NJ-LAC and CA-PAC

11 13 21

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Chapter Trends

2020 CAI-NJ Conference & Expo Save-the-Date Board Leadership Development Workshop Registration 2020 Joint Manager & Business Partner Panel Discussion Registration Make the most of your CAI-NJ Membership

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31 33 36 37 50 51 54 56

CAI-NJ ADR Mediation Program

Dennis R. Casale Memorial Golf Outing Dinner Registration (Event Rescheduled - New Date)

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New Members

CAI Membership Application 2020 Ultimate Partner Listings CAI-NJ Career Headquarters

pressureUA/iStock Editorial / Getty Images Plus Francesco Scatena/Macrovector/HearttoHeart0225/AaronAmat/iStock/Getty Images Plus

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CAI-NJ BOARD OF DIRECTORS EXECUTIVE COMMITTEE

VICE PRESIDENT JEFFREY LOGAN GUARDIAN SERVICE INDUSTRIES, INC.

PRESIDENT ELECT LOREN LIGHTMAN, ESQ. HILL WALLACK LLP

PRESIDENT JENNIFER NEVINS, CMCA DW SMITH ASSOCIATES, LLC

TREASURER TONY NARDONE, MBA, PCAM CORNER PROPERTY MANAGEMENT, AAMC

SECRETARY MARK WETTER, ESQ. RADOM & WETTER

BOARD MEMBERS Benjamin Basch American Pool Enterprises

Charles Lavine Traditions at Federal Point Condominium Association Homeowner Leader Christopher Nicosia, CMCA, AMS, PCAM

Business Partner Donna Belkot Taylor Management Company, AAMC, AMO Community Association Manager Vanessa J. Davenport Regency at Quailbrook Homeowners Association Homeowner Leader

Prime Management, Inc., AAMC Community Association Manager Mohammed Salyani, CPA

WilkinGuttenplan Business Partner

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

GENERAL COUNSEL EMERITUS Wendell A. Smith, Esq., CCAL Greenbaum, Rowe, Smith & Davis, LLP

IMMEDIATE PAST PRESIDENT Mohammed Salyani, CPA WilkinGuttenplan

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PRESIDENT’S CORNER Jennifer Nevins, CMCA CAI-NJ 2020 PRESIDENT | DW Smith Associates, LLC

CAI-NJ TEAM

JUNE M. BRETZ EXECUTIVE DIRECTOR, NJ CHAPTER JUNE@CAINJ.ORG ANGELA KAVANAUGH SENIOR OPERATIONS DIRECTOR ANGELA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, CONFERENCE & EVENTS JACLYN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS COMMUNICATIONS MANAGER BROOKE@CAINJ.ORG JENNIFER FARRELL ADMINISTRATIVE COORDINATOR JENNIFER@CAINJ.ORG

“What Lies Behind You and What Lies in Front of You Pales in Comparison to What Lies Inside of You.” — Ralph Waldo Emerson W hen Will Things Be “Normal” Again? I’m asked this question often. I, like many of you, recognize the need to redefine “Normal”. Fear of the unknown tends to permeate our mindset, however, this we CAN control. It’s time to embrace all that’s positive and focus on what lies ahead. When I read the quote above, I was struck by one significant thought: What Lies Inside Each of Us is Incredible Strength. Please join me and the amazing staff of CAI as we focus on what’s happening “now” and make the most out of life in its present state. What’s Happening Now at CAI? — All things virtual! The CAI staff has devel- oped many ways for us to stay connected. The “Virtually Connected” series allows fellow CAI-NJ colleagues to connect with new leaders in the industry; The “Cyber Trivia Break” series, hosted by FAST, allows members to engage with each other, have fun, and donate to worthy causes; And each month, there are virtual educational sessions avail- able to our members. May’s “LAC Updates, Live Webinar” provided critical information on current topics impacting our industry, and we had a record-breaking 200+ people attend online! These programs contain information important to everyone in our industry, so please take time to connect as future updates are offered. Also, note that many of our virtual offerings are available afterwards online on the “CAI-NJ Webinar Library”. CAI Women Inspire! — In early May, the Women’s Leadership Committee hosted its first ever podcast discussion featuring Ria Story with Allison Liddle and words of wis- dom from her book “Keep Going: Creating a Champion Mindset”. The podcast discus- sion was beautifully moderated by Chair, Nancy Hastings. This virtual offering focused on the passion which allows high achievers the ability to launch to the next level in their lives. BUT - what was truly inspirational to me? The amazing women of this industry took the time to share thoughts, dreams and a powerful commitment to each other. As you can see, this is near and dear to my heart. Everyone is welcome… so please be sure to join our future events! We’re So Proud! — Thanks to the dedication and hard work of the Membership Committee, CAI National has awarded the CAI New Jersey chapter with the Best Net Growth Award for a very large chapter for the 2019 calendar year! This is a tremendous recognition and we are so proud. Please join us in thanking the mem- bers of the committee as we accept this award “virtually”. In closing, CAI-NJ has many new and exciting programs on the horizon, and we have much to be grateful for. Most of all – we are grateful for each other. Please stay safe and remember that CAI-NJ is part of your family, and my “door” is always open. n

Contact CAI-NJ

ADDRESS CAI-NJ

500 HARDING ROAD FREEHOLD, NJ 07728 PHONE 609-588-0030 FAX 609-588-0040 WEB WWW.CAINJ.ORG EMAIL INFO@CAINJ.ORG

CAI-NJ On Social Media

www.facebook.com/ CAINJCHAPTER

@CAINJCHAPTER

Community Associations Institute - New Jersey Chapter

@cainewjersey

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LOOKING AHEAD JUNE M. BRETZ | EXECUTIVE DIRECTOR, NJ CHAPTER

T he first time that I spent a summer in France — as an eager, but perhaps naïve college student — was definitely a learning lesson. I remember on the day of my arrival riding in a cab (long before Uber was popular), sweating profusely (air conditioning in France? No way!) and having a very difficult time speaking with the driver. Fortunately, I was able to muster up the words for where I wanted to go, and then rest my head back after a very long flight. Fast forward an hour or so, upon waking I found myself not in the center of the Paris, but in a rather scary place in “la banlieue.” And not the most picturesque suburb, but one you’d really rather not walk through alone. This was not the adventure I’d plan on having my very first day in a new country. But bottom line, I learned a valuable lesson that day: Communication is everything. And good communication is key to getting where you need to go. At CAI-NJ, there are many ways that we communicate with members. Emails. Texts. Calls. Snail mail. Newsletters. Our magazine. And now, Zoom. In February, we began dreaming of a new and inspiring website that would serve as the foundation of our commu- nications… a fresh platform to inform, share and interact. Then, the coronavirus hit, and knowing how important communication would be for our members, planning went into high gear. And now, just a few short months later, we are proud to announce that our new website is live! If you haven’t done so already, please do take a moment to visit the NEW: www.cainj.org CAI-NJ is Proud to Announce...

Just to give you a few highlights, NEW features you “must” check out: MEMBER NEWS We are now able to feature YOUR news on our website! In addition, we will also post and promote any CAI sanc- tioned event (where CEU are possible) which is co-branded with CAI-NJ! Send your news and events to: For more information on guidelines for submissions, please email brooke@cainj.org OUR NEW JOB BANK Looking to hire? Looking for a new position? Look no further… To post a job, send your information to Jaclyn@cainj.org OUR NEW LEGISLATIVE ACTION PAGE This is where members will be able to keep up to date on hot issues and the latest news in Trenton. Be sure to tune in during the month of June for an exclusive member update on the Radburn regulations from our NJ-LAC Chair, George Greatrex. And finally, later this year, we will unveil our CAI-NJ Industry Newsroom. The Newsroom will serve as an information hub and reliable source of information for the members of the press, local government, and the commu- nity. With the support of passionate, involved CAI-NJ mem- bers, we will grow to be the “go-to” resource for anyone looking for the real facts on the most important issues facing common interest communities. I hope that all our members will drop in soon to take a peek around our new website. If you have any suggestions on what YOU would like to see available on our site, please reach out — we’d love to hear from you! n

Visit the NEW www.cainj.org today!

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CALENDAR 2020 Events & Education

JUNE

SEPTEMBER

12 16 19 25

Annual Olympics Thompson Park, Monroe Twp. 17

Virtually Connected Virtual Pool vs Pandemic Update Webinar Skill Building Workshop Virtual F.A.S.T. Cyber Trivia Break Virtual

OCTOBER

14 15

Conference Networking Reception The Event Center @iPA, Freehold Annual Conference & Expo The Event Center @iPA, Freehold

JULY

21 21

Community Leadership Summit Including Networking Lunch with Golfers Forsgate Country Club, Monroe Twp. Dennis R. Casale Memorial Golf Outing Forsgate Country Club, Monroe Twp.

DECEMBER

Annual Meeting and Chapter Retreat Clearbrook Community Center, Monroe Twp. 2

AUGUST

Register for these and other events at www.cainj.org

4-5 13 18 20

Board Leadership Development Workshop CAI-NJ Office, Freehold Annual Beach Party Martell’s Tiki Bar, Pt. Pleasant Beach

Lecture Series CAI-NJ Office, Freehold

Joint Manager/Business Partner Panel Discussion Forsgate Country Club, Monroe Twp.

All events are subject to change

LEGISLATIVE UPDATE

GEORGE GREATREX, ESQ. PARTNER, HILL WALLACK LLP LEGISLATIVE ACTION COMMITTEE CHAIR

Let’s be reasonable…

W e’ve heard many times, and learned from experience, that laws are often the result of a single event reported to a local legislator. This could be your town’s mayor, county freeholder, state sena- tor, or even the local congresswoman. Lawyers in our indus- try also know this saying: “bad facts make bad laws…”. So where am I going with this? Well, I’d like to share with you two recent situations occurring in our state that could have, and still may, result in laws that will ultimately harm common interest communities and the people that live and work in them. The first involves recent legislative attempts to impose a moratorium on debt collection activities during the COVID-19 pandemic. You have probably seen your LAC’s recent member alerts on a bill that was introduced in April (S2330/A3908) which as originally introduced would have restricted most debt collection activity by nearly all creditors and debt collectors in New Jersey. Banks, credit card companies, mortgage companies, leasing compa- nies, and yes, common interest communities, would have been affected by this bill. But unlike banks and credit card companies, CICs are non-profit pass-through entities that generate just enough revenue to pay for the essential services they provide to their residents. The inability to collect the full measure of assessments from their members could be dev- astating for CICs and their residents. Fortunately, we were able to communicate with the bill’s sponsors and explain our concern with the bill, and it was eventually amended so as to effectively eliminate CICs from its application. However, during those conversations we learned that some legislators were hearing reports of certain debt col- lectors employing overly aggressive tactics to collect debts from people who were suffering either financially or physi-

cally during the recent pandemic and economic lockdown. This surely served as a motivating factor for those legislators who initiated and supported this bill. The other example involved a local homeowners associa- tion who was asked by one of its residents, who happened to be a front line nurse in a local hospital treating COVID-19 patients, if she could temporarily park an RV in her driveway and live in it during the pandemic so that she could still be close to her husband and kids but not risk exposing them to the virus. The association’s rules prohibited the parking of an RV in the community, so her request was denied. This was then reported in the local press and, as you can imagine, the HOA was cast in a very negative light. Your LAC was contacted by the HOA’s local state legislator expressing concern and disap- pointment at what was reported in the news. Fortunately, and to their credit, the association’s governing board reconsidered and reversed their ruling, permitting the temporary storage of the RV during the pandemic. The moral of these stories? We as an organization (CAI), and as individual communities of friends and neighbors, must take the initiative to “do the right thing” for our constituents in times of trouble. Our national organization has taken that initiative and recently issued two position announcements on both of these issues, one with regard to assessment collec- tion, and the other involving temporary use of RVs within our communities, during states of emergency. We as individual common interest communities throughout our state can and must follow that example. Those who live and work in CICs are our constituents, but they’re also our friends and neighbors. We must learn to govern reasonably and compassionately, not just during times of emergency…but all the time. We expect much change over the coming days. In the meantime, be safe out there! See you here in July. n

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2020 CAI-NJ COMMITTEES

AWARDS COMMITTEE Eileen Szelewicki, CMCA — Chair Michelle Gadaleta — Vice Chair

EDITORIAL COMMITTEE Robert Arnone, CMCA, AMS, CPM — Chair Michael Mezzo, CPA — Vice Chair Mary Barrett, Esq. Brian Griffin, Esq. Nicole Martone, CMCA, AMS, PCAM Steven Morris, PE, RS Robert Roop, PE Michael Ryan Carol Shenk Larry Thomas, PCAM Jaquelyn Williams

HOMEOWNER LEADER COMMITTEE Roslyn Brodsky — Chair Richard Pucciarelli — Vice Chair Lois Gerber Richard Lans Deana Luchs Judy Miao Cheryl Palent Howard Staum Robert Travis Board Liaisons: Charles Lavine Chris Nicosia, CMCA, AMS, PCAM Staff Liaison: Angela Kavanaugh LEGISLATIVE ACTION COMMITTEE (LAC)/PAC George Greatrex, Esq. — LAC Chair A. Christopher Florio, Esq. — LAC Vice Chair Liz Comando, CMCA, PCAM — PAC President Paul Raetsch — PAC Vice President

MEMBERSHIP COMMITTEE Briana Walsh — Chair Steven Mlenak, Esq. — Vice Chair Tara Baldwin, CPA Lysa Bergenfeld, Esq. Jennifer Cardak, CMCA Megan Elgard Nichole Gist Nikolaos Haralambopoulos, CPA Bill Harvey Kathleen Radler Debra Rizzi Steve Roderick Ken Shah

Neil Betoff Rich Cassilli Drew Cowley Lindsay Cupples Kim Dempsey Annie Gonzales Ellen Goodman, Esq. Lila Khiry Christine Maldonado Drew Podolski, Esq. Kari Prout Joe Tible Mary Visco Sandi Wiktor Board Liaisons:

Charles Witczak Board Liaisons: Benjamin Basch Jennifer Nevins, CMCA Staff Liaison:

Amy Shorter Mark Siwiak Board Liaisons: Charles Lavine Tony Nardone, MBA, PCAM Staff Liaison: Brooke Stoppiello-Nevins NETWORKING EVENTS COMMITTEE Gary Gleitman — Chair Freedom Hildreth — Vice Chair

Brooke Stoppiello-Nevins F.A.S.T. COMMITTEE Kristy Winchock — Chair Nicole Miller, Esq. — Vice Chair Matt Antico

Loren Lightman, Esq. Jennifer Nevins, CMCA Staff Liaison: Jaclyn Oskierko BUSINESS PARTNER COMMITTEE Ryan Fleming — Chair

Karyn Branco, Esq. Joseph Chorba, CPA Barbara Drummond, CMCA, PCAM Matthew Earle, Esq. Vincent Hager, CIRMS Sue Howe, AMS, PCAM Steve Kroll Christine Li, Esq., CCAL Jim Magid, CMCA, AMS, PCAM Thomas Martin, Esq. Glen Masullo, CMCA, PCAM Michael Pesce, PCAM J. David Ramsey, Esq. Lisa Rayca, CMCA, AMS Caroline Record, Esq. Edward San George, PCAM Board Liaisons: Vanessa Davenport Loren Lightman, Esq. Staff Liaison: June M. Bretz MANAGER COMMITTEE

Jessica Baker, Esq. Martin Cabalar, Esq. Angela Celeste Gabriella Esposito, Esq. Shelby Evans Ashley Gray, CMCA Amy Huber, Esq. Steven Kuhnert Jessica Long Kristin Marzarella Robert Radcliffe Rachel Richardson, CMCA Matthew Sengsourinh Jimmy Stovall Lauren Vadenais David Vargas Gabe Vitale Board Liaisons: Jeffrey Logan Mohammed Salyani, CPA

Dean Catanzarite Diane Cody, PCAM Rhett Cowley Jose Elvir Dori Gwinn, CMCA Pam Illiano Carol Nickerson, CMCA Jeffrey Paige, Esq. Debbie Pasquariello, CIC, CIRMS

Thomas Asciolla Theresa Beckett Seth Frumkin Caroline Fusella Keith Giliberti Saher Gouda David Kalen

Dawn Kearney Michael Luzzi Kim Manicone Jessica Marvel Jill Nappi Julie Nieves Daniel Roose David Ross Herman Shauger Jessica Vail David Velasco Gregory Vinogradsky, Esq. Lisa Wagner

Daniel Reilly Jose Romero

Chris Rosati Peter Shine Adriana Sireci Erica Taras Melissa Volet, Esq. Board Liaisons: Charles Lavine Mark Wetter, Esq. Staff Liaison: Jaclyn Oskierko

Staff Liaisons: Jaclyn Oskierko Brooke Stoppiello-Nevins GOLF OUTING COMMITTEE Eric Eggert — Chair Tom Witkowski — Vice Chair Joseph Balzamo, CMCA Raymond Barnes, CMCA, AMS, PCAM Chris Belkot

Kristina Munson, CMCA, AMS, PCAM — Chair Denise Becker, CMCA, AMS, PCAM — Vice Chair Mary Barone, CMCA, AMS

Board Liaisons: Benjamin Basch

WOMEN’S LEADERSHIP COMMITTEE Nancy Hastings, CMCA, AMS, PCAM — Chair Cheryl Rhine, CIC, CIRMS — Vice Chair Briana Benitez Cathy Brennan, Esq. Karen Carway-Meehan, CMCA Corina Cornett Holly Foley, CMCA Jessica Hatton Martinia Heath, CMCA, AMS Lirelle Klein Georgette Kyriacou Pamela Lawler Toni Licciardi Elina Shchervinsky Nicole Skaro Mariaellen Varelis

Jeffrey Logan Staff Liaison: Angela Kavanaugh CONFERENCE & EXPO COMMITTEE Jessica Kizmann, CPA — Chair Stacey Imber — Vice Chair Kristie Bendick, CMCA Joe Bonafede Jay Burak Nicole Camarota Ellen Comiski, CMCA Jeffrey Cuevas John Echelmeier Shaun Hynes Tanya Jimenez

Jeff Cirkus, CMCA, AMS, PCAM Chuck Graziano, CPM, PCAM Dawn Mackanic, CMCA

Christopher Maus, CMCA, AMS Erin O’Reilly, CMCA, AMS, PCAM Ingrid Roe, CMCA, AMS Kerri Stimpson, CMCA, AMS Elaine Warga-Murray, CMCA, AMS, PCAM Board Liaisons: Donna Belkot Tony Nardone, MBA, PCAM Staff Liaison: Angela Kavanaugh

Scott Brandle Patti Clemente Marty Ehrlich Sal Iozzia Hank Johns Lisa Komitor Cathy Mango

Ryan Mckinney Karl Meth, Esq. Paul Migliore Mike Polulak, Esq. Ross Rutman David Shahrabani Jasmin Shelton Stephen Slotnick, CMCA Ryan Weiner Board Liaisons: Chris Nicosia, CMCA, AMS, PCAM Mark Wetter, Esq. Staff Liaison: Jaclyn Oskierko

Michael Kennedy Terry Kessler, Esq. Konrad Kurach

Patricia Ventura Board Liaisons:

Richard Lang Denise Mack Renee Miraglia Kevin Oliver Jackie Thermidor, CMCA, AMS Board Liaisons: Donna Belkot Mohammed Salyani, CPA Staff Liaisons: Angela Kavanaugh Jaclyn Oskierko

Loren Lightman, Esq. Jennifer Nevins, CMCA Staff Liaisons: Angela Kavanaugh Jaclyn Oskierko

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CAI-NJ 2020 PARTNERS

FWH Associates, P.A. G & C Electronics GAF Hill Wallack LLP Kipcon Inc. McGovern Legal Services, LLC mem property management, co, inc, Rezkom Enterprises, Inc. Taylor Management Company, AAMC, AMO

Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Becker Belfor Property Restoration Brown & Brown Insurance of Lehigh Valley C & L Sweeping & Pavement Maintenance Corner Property Management, AAMC Denali Property Management, Inc. DW Smith Associates, LLC

Technocality, Inc. WilkinGuttenplan

The Falcon Group - Engineering, Architecture & Reserve Specialists

Accent Group Adamas Building Services Advanced Pavement Group Amco Pest Services, Inc. Apex Contractors, LLC Becht Engineering, BT, Inc. Buckalew Frizzell & Crevina LLP Cowley’s Termite & Pest Control Services Curcio, Mirzaian & Sirot, LLC

Griffin Alexander, P.C. Hillcrest Paving & Excavating, Inc. Jesan Construction and Maintenance JGS Insurance KPI 2 Contractors, Inc.

Preferred Community Management Services, Inc., AAMC Premier Management Associates, AAMC Professional Restoration Services Quality 1st Contracting, Inc. Rainbow G & J Painting, LLC Regal Restoration RMG, Regency Management Group, Inc., AAMC R.M. Termite & Pest Control SageWater Stark & Stark Towne & Country Management, Inc. USI Insurance Services

Lemus Construction, Inc. L.N. Rothberg & Son, Inc. Mackoul Risk Solutions, LLC

Morris Engineering, LLC National Contractors, Inc. O & S Associates, Inc. Pardini R Construction Corporation PeopleFirst Property & Casualty Services Popular Association Banking

Cutolo Barros, LLC Dior Construction FirstService Residential, AAMC

Frank Macchione Construction Paving Plus Greenbaum, Rowe, Smith & Davis, LLP

Valley National Bank Witczak Engineering

Accurate Reconstruction AR Management Company Environmental Designers Irrigation, Inc. Eosso Brothers Paving Felsen Insurance Services

Peter Waldor & Associates, Inc. Radom & Wetter Attorneys at Law Renda Roads, Inc. South Shore Construction, LLC Union Bank HOA Services

Giordano, Halleran & Ciesla, P.C. Hueston, McNulty, Attorneys at Law Landscape Maintenance Services, Inc.

MyPropertyBilling.com, LLC National Cooperative Bank

YOUR NJ-LAC & CA-PAC WORKING HARD PROTECTING THE INTERESTS OF COMMUNITY ASSOCIATIONS

Walk the halls of our capitol in Trenton and you see a lot of doors… doors to legislator’s offices… doors to committee rooms… doors to the Assembly and Senate chambers. It takes a lot to get through those doors. You’re not just invited in. You need a key. With a key you’re taken seriously. With a key, you get things done. THAT’S WHY CAI-NJ CARRIES THREE KEYS: • Your Legislative Action Committee (NJ-LAC): Your key eyes, ears, legs and voice in the legislative process. • Your Political Action Committee (CA-PAC): Your key contributions to support elected officials who aim to strengthen your community. • Your Professional Lobbyists: Your key, full-time pros retained by the LAC who know government’s ins and outs, advise us on who to see and when, and how to connect . WHAT CAN YOU DO?: • Take Action – Your voice is key! After meeting with elected officials and clarifying our position on pending legislation, we will alert you to the most crucial actions you can take. By calling or writing your officials, you ensure that your voice, and our agenda, is heard. • Give – Your donations are key! Supporting the PAC with your donations shows legislators that you’re serious, and that our cause counts. • Promote – Your personal influence is key! Talk about CAI-NJ’s legislative engagement in your community and business. Let fellow residents know that we’re fighting for them and their communities!

The keys only work with your support.

Make your gift to the CA-PAC today!

Yes, I’d like to support CA-PAC with a pledge!

I AM A...

____ Community Association Manager. You represent a company or association who manages CAI-NJ communities.

____ Community Supporter. You represent a business that supports CAI-NJ communities with services or products.

____ Community Resident. You live in a CAI-NJ community and want to see it grow strong.

My Association/Management company is making a PAC gift of:

___ $250 ___ $500 ___ $1000 or $________

___ $100 ___ $250 ___ $500 or $________

My supporting business is making a PAC gift of:

I am personally making a PAC gift of: ___ $50 ___ $100 ___ $250 or $________

Community/Company: ________________________________________________________________________________________________ Individual Name:_____________________________________________________________________________________________________ MailingAddress:______________________________________________________________________________________________________ City, State, ZIP:______________________________________________________________________________________________________ Phone:_________________________________________________________Fax: ________________________________________________ Email:________________________________ Occupation:______________________ Employer:_____________________________________ Employer Address:___________________________________________________________________________________________________ City, State, ZIP:______________________________________________________________________________________________________

Management Company Name: _________________________________________ (Community Association’s Only) DO NOT INCLUDE MY NAME OR COMPANY ON THE LIST OF CA-PAC CONTRIBUTORS

Please make your CORPORATE or PERSONAL CHECK payable and mail to: CA-PAC, 500 Harding Road, Freehold, NJ 07728

The New Jersey Election Law Enforcement Commission requires us to collect and report the name, mailing address, occupation and name of the employer of contributors whose contribution exceeds $300 in a calendar year. Contributions to CA-PAC are not deductible for federal income tax purposes. Contributions are not limited to suggested amounts. CA-PAC will not favor nor disadvantage anyone based upon the amounts or failure to make PAC Contributions. Voluntary political contributions are subject to limitations of ELEC regulations. CA-PAC contributions are not considered payment of CAI dues.

TO DONATE TO CA-PAC, SEND CONTRIBUTIONS TO: CA-PAC, 500 Harding Road, Freehold, NJ 07728 | or visit: www.cainj.org/capac

CHAPTER TRENDS

• All submissions must come from and be about: - A member of CAI-NJ (Manager, Management Company, Board Member, Business Partner or Business Partner Employee) in good standing. • Companies/Communities are permitted four (4) announcements per calendar year. • Submissions are limited to 150 words. - Members are responsible to condense the information appropriately, as CAI-NJ will not do so. Any submissions over 150 words will not be published. • Submissions may include (1) image. • Submissions should not be advertorial in nature. Please note, CAI-NJ reserves the right to edit any submissions. The chapter reserves the right to omit information as necessary. CAI-NJ has the exclusive right to refuse to publish any submissions for any reason. For questions regarding the Chapter Trends section of Community Trends ® , please contact brooke@cainj. org or 609-588-0030. Chapter Trends Editorial Guidelines

Taylor Management Company, AAMC, AMO Provides Zoom Accounts To All Clients Taylor President, Paul Santoriello recently announced that his company has purchased 110 Zoom Enterprise licenses to be used by all current and future communities managed by Taylor Management Company, AAMC, AMO. Every manager has been provided with unlimited access to use with their community’s boards and committees. The Enterprise package is the highest-level service provided by Zoom. It allows communities to do zoom teleconference calls and webinars and can accommodate up to 500 participants for an unlimited meeting length. Paul Santoriello stated, “We’ve come to realize what a valuable tool Zoom is and wanted to provide this service to all of our communities. As more communities get more comfortable with having their meetings via teleconference, we see this as an essential tool that we feel obligated to provide to our boards” There will be no charge to the associations. n

We are now hosting virtual events! Join us for our many offerings including:

F.A.S.T. Cyber Trivia Break:

Virtually Connected:

COMMUNITY LEADER CONNECTION: During this monthly event, Homeowner Leaders will make new connections and learn new ideas and tools to help you best serve your residents.

Webinars & workshOps: CAI-NJ is working to provide you with the most up-to-date information with topics including Legislative Updates, Your Elevator Pitch and a schedule of other relevant issues effecting our industry.

Hosted by the Business Partner Committee, these

A monthly trivia game via Zoom

bi-weekly discussions deal with relevant and informative topics that affect your business.

where teams compete against each other in 5 rounds of trivia all while reconnecting. All proceeds benefit charity!

Visit www.cainj.org to register for one of these upcoming virtual offerings and keep connected with our industry!

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Does My Community Association Need a SOCIAL MEDIA POLICY? By Jonathan H. Katz, Esq., Hill Wallack LLP

“The problem with internet quotes is that you cannot always depend on their accuracy.” – Abraham Lincoln

pressureUA/iStock Editorial / Getty Images Plus

W hile social media can be an informal and inexpensive way for community associations to increase information and engagement among their residents, association boards must be wary of potential pitfalls and legal risks if that social media presence is poorly managed. Directors or trustees of an association have a fiduciary relationship with both the asso- ciation and its members. That fiduciary relationship requires adherence and compliance with the association’s govern- ing documents and the law, and the directors must act in good faith and promote the health, safety, and welfare of the entire community. Adopting a social media policy can allow an association board to fulfill that fiduciary duty

in order to control and monitor online content, minimize abusive practices, and — most importantly — protect the association from possible liability. Social media can encompass a multitude of online activities, including websites and blogs, online newsletters and e-mail blasts, and/or the use of other, more well- known platforms like Facebook, Nextdoor, or Twitter. All of these forms of social media can facilitate communication between an association and its residents, provide real- time updates, and offer the ability to contact the board or management to report any issues. However, facilitating such communication can also open the door for abuses, like defamation, invasion of privacy, and cyberbullying. CONT I NU E S ON PAGE 16

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BRINGING COMMUNITY TO YOU.

At Associa, we’re dedicated to bringing community to New Jersey. We not only have the local expertise that comes with living and working in the communities we serve every day—we have the national resources to help your community succeed. Contact us to learn more!

Associa Mid-Atlantic | Mt. Laurel, NJ | 888-884-8490 www.associamidatlantic.com Associa Community Management Corporation of New Jersey | Fairfield, NJ | 973-773-6262 www.communityservices.com

SOCIAL MEDIA... from page 14.

residents to determine how they would like to receive infor- mation or interact with the board, management, or other residents. In some cases, a members-only website may be the best way to convey information while in other associa- tions a private Facebook group may be preferable to the residents. It may also be that e-mail blasts or text messages are favored over social media for important updates deal- ing with association business. 2. Protect/Promote the Association’s Reputation – A good social media policy will set clear parameters and spell out what is and is not appropriate for associations to post. Generally, the policy will state that members should not write anything they would not want disseminated to the general public. The best social media policies have more “dos” than “don’ts.” They have clear guidelines to help members under- stand ways they can use social media to help achieve the association’s goals. When it comes to personal social media use by board members or residents, controlling what may be said is next to impossible. However, comments by individual board members might be construed as representing the board’s position or undermine previous decisions. Board

As such, developing a clear, comprehensive, and formally documented social media policy for your association is a necessity. With that backdrop, here are some best prac- tices that an association board should consider before creating a social media presence. Creating a Social Media Policy 1. Have a Plan – Before jumping headfirst into developing a website or creating any form of social media, boards need to decide the association’s goal for going online. The short answer may be to create a quick and easy avenue to dissem- inate relevant information and important updates to the com- munity regarding the business of the association. However, going online just for the sake of being online is a recipe for disaster. Thoughtful consideration should be given to what the association wants to convey and needs to achieve with its online/social media presence. Further, not all social media platforms are useful for every audience. It may be useful to survey the association’s

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members posting on social media should be reminded of their fiduciary duty to the association and, for those board members who sign confiden- tiality/code of conduct agreements, requirements regarding social media posting should be worked into those documents. In addition, educating board members on how comments on their personal social media accounts can have real-world consequences for them or the association is an import- ant part of this process and should be discussed with the association’s management and legal counsel. 3. Control and Limit Content – Information published on either an association’s website or other forms of social media should be controlled by the board and limited in scope. Content should also be reviewed not CONT I NU E S ON PAGE 18

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just for good grammar, but also for tone and to guard against privacy issues and appropriateness. Content should benefit the community and the residents but should be careful not to create an opportunity for people to air their grievances about the associ- ation, the board, or their neighbors. While a moderated “bulletin board” to post a community calendar, rele-

pressureUA/iStock Editorial / Getty Images Plus

“The board must also consider what information should be made public and what information should be kept private.” vant information, items for sale, etc., may be both desired and beneficial, this information should flow through a designated contact person and own- ers/residents should not be allowed to post directly to the website. The board must also consider what information should be made public and what information should be kept private. An association website will be available for the whole world to see, so consideration should be given to creating a designated “owners-on- ly” area that requires a username/ login and a password for access. This

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private section serves two purposes: (1) it keeps certain information, such as meeting minutes, budgets, com- mittee forms, from the general public; and (2) it allows the association to keep track of who is viewing the infor- mation and can provide an avenue for owners to agree to an Acceptable Use Policy (more on this later). Also, another issue to consider is a second level of private content, which is specific to each individual owner. This content, which may con- sist of an owner’s account history, vehicle, banking, or other Personally Identifiable Information (“PII”), must be kept confidential and every possible precaution should be undertaken to protect this information. It is recom- mended that if an association is considering maintaining such PII on its CONT I NU E S ON PAGE 20

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SOCIAL MEDIA... from page 19.

(3) The association reserves the right to remove any posts that it deems to violate the AUP and/or reserves the right to terminate access to any person who does not abide by the posting policy. 5. Engage the Community — If a board is prepared to take on the risks that social media presents, the association should do its best to reap the benefits that come along with a positive social media presence. Engagement of the residents requires consistency and content variety. Content should be aimed to engage residents with information that matters to them at regular intervals. Along with a strong blend of administrative information (meeting dates and times, policy updates, etc.), the association should also try to work in other information (community projects, resident accomplishments, and local events). A Note About Cyber-Liability Insurance While this article does not deal with the multitude of insurance issues that can arise regarding the use of web- sites and other social media, associations using social media should speak with their insurance professionals

website, that the association use a qualified, professional management company or a third-party vendor that special- izes in this type of information technology and can provide appropriate security measures and support. 4. Monitoring Content – If an association does allow for owners/residents to have some capacity to post on its website or another form of social media, it is highly recommended that the association create a protocol for monitoring what is being posted. Monitoring must be done on a consistent and timely basis by a designated modera- tor(s). As noted above, the association should require that every person who wants to post agree to an Acceptable Use Policy (“AUP”), which would require (among other things) that: (1) Posting of defamatory, harassing, discriminatory, or oth- erwise threatening comments and material is prohibited; (2) Posting of obscene, hateful, violent, unlawful, or other- wise illegal comments and material is prohibited; and

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By Kari Valentine, CMCA, AMS, Associated Energy

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any of you know that community associations are legally required by the state to offer a “fair and effi- cient” litigation alternative. New Jersey is unique in

mediation. The parties must resolve together whether it is between a board/manager and homeowner or home- owner and homeowner. However, it only works when both sides are engaged in rational thought and a desire to find a middle ground. There have been several instances across the United States where either the association’s board of the homeowner has taken an unreasonable position on an issue. In those cases, the internal or informal processes sim- ply do not work. It is never a comfortable situation to find oneself in a mediation, so that is even more reason to do all that one can to prevent the need for mediation services. There are a few reasons for most mediation services. The most prominent is the ignorance of the documents and the association’s rules. The other is the refusal of board members or managers to hear the complainant out. So often, the homeowner doesn’t feel that they

the sense that, through the CAI state chapter, it provides mem- ber associations with mediation services. What this means to the associations, boards, managers, and residents, is that your mediator will be versed in how an association operates. But that said, this article isn’t an advertisement for the program. Mediation is a paid service from a neutral party who primarily listens to both sides of the dispute and tries to assist the parties in finding a middle ground and achieve a resolution to the conflict. Mediation is a voluntary process, as no one can force the other side to resolve a dispute in

are being heard. Too often, we rely on email to communicate messages when what is needed is the spontaneity of a face to face conversa- tion rather than the stilted communication

through email. If a face-to-face meeting isn’t possible, then arrange for a phone call, allow all grievances to be heard, even if what is being asked by the homeowner isn’t possible. It is important to con- vey to them that you will review the documents and rules to see if anything can be done in their favor. This gives the homeowner the sense they are more than one of many. n

Francesco Scatena/iStock/Getty Images Plus

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When an infraction has been noted, publicize that infraction – not the who, but the what – and reference where homeowners can see the rule. ▲ Publish in all email blasts and newsletters. Mention at board meetings. Always pub- lish as a reminder. Ex: “You may not be aware...” as this will appear friendlier, and residents will be more apt to adhere. F.A.S.T. & HL Q&A CONTRIBUTED BY: MEMBERS OF THE CAI-NJ F.A.S.T. & HOMEOWNER LEADER COMMITTEES Publish any restrictions regularly ▲ Quarterly, monthly, whatever is best for that particular restriction as applicable Seasonally publish all applicable rules – as reminders – in all available sources and meetings

WHAT ARE YOUR MUST HAVE AMENITIES AND SERVICES IN YOUR COMMUNITY? Make sure residents are aware that it is the newest edition of the rules they must follow and not those adopted and published in prior years.

Confirm new residents have their governing documents and the current copy of the association’s rules. ▲ Encourage them to telephone management before doing anything to confirm it is permissible. ▲ Encourage them to read the portion of the documents that outlines what the homeowner’s responsibil- ity is and what is the responsibility of the association. ▲ Explain to them that the rules document is a living document and has, and will, change as the com- munity changes. - What is applicable is the most current edition. lawn and landscaping maintenance, pool, fitness center, proximity to the beach, committees, tennis, pickle ball, clubs, entertainment, education and parties lawn and landscaping maintenance, indoor pool, playground, fitness center, clubhouse, entertai - me t and parties members-only website, emails, closed Facebook group, newsletter, and recorded meetings on local channel emails, tex , face-to-face and n any written f rm WHAT ARE YOUR BEST WAYS TO COMMUNICATE? WHAT DO YOU DO ON A TYPICAL SATURDAY NIGHT?

F.A.S.T.

HL

F.A.S.T.

HL

cook dinner, ordering takeout, binge watch tv shows, play with kids and have drinks

shopping, cook dinner, activities with family, binge watch tv shows, play with grandkids, see a Broadway show, go to the opera and go to basketball games

F.A.S.T.

HL

When going through the mediation process make sure you are reasonable in both your expectations and your requests F.A.S.T. 8:00 pm - 7:30 am F.A.S.T. All parties should be aware that Mediation may be a requirement before going to court.

WHAT ARE YOUR IDEAL QUIET HOURS IN YOUR COMMUNITY?

HL

10:00 pm - 8:00 am

WHAT IS YOUR DRINK OF CHOICE?

HL

water, wine, or vodka martini with olives

Diet Coke, wine, beer, vodka or coffee

WHAT ARE YOUR IDEAL FITNESS CENTER HOURS?

F.A.S.T.

HL

5:00 am - 10:00 pm or 24 hours/card access

5:00 am - 11:00 pm or 24 hours/card access

WHAT DOES COMMUNITY MEAN TO YOU?

support, volunteering and working together to make the place you live better

home, a neighborhood, extended family and a social life for those that have lost spouses

F.A.S.T.

HL

Interested in writing for the ‘Do One Thing Better’ section of Community Trends® ? Contact Brooke Stoppiello-Nevins at brooke@cainj.org for more information.

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Did You Check Your GOVERNING DOCUMENTS? By Nicole Martone, CMCA, AMS, PCAM, Community Director, Associa - Community Management Corp. of New Jersey, AAMC

Macrovector/iStock/Getty Images Plus

O ften times the familiar chorus of “What can I do about this?” can be heard coming from manage- ment offices throughout the land. This chorus is typically followed up with a verse about “I wasn’t told that.” and “How was I supposed to know?” The refrain by property managers is typically “Check the governing doc- uments.” How many times have the governing documents been provided as a requirement for a closing, only to be used as a checkbox for mandatory disclosures and never opened, nonetheless read? The answers to most of the questions posed by the unit owners in these top 40 hits is usually contained in any one of the governing documents. What are the governing documents? “Governing Documents means the legal document(s) by which any person (other than

an individual) establishes its legal existence or which govern its internal affairs.” (source: https://www.lawinsider.com/ dictionary/governing-documents) A responsible new unit owner will obtain the recorded governing documents for their new purchase, inclusive of the Master Deed, By-Laws, Rules and Regulations (CC&Rs), and any amendments made sub- sequent to the initial document. Usually these documents are sent along with a welcome package from the association’s management office. The responsible new owner will review them either with their attorney or realtor prior to the pur- chase. Prior to the closing, there may be questions that a new owner may be interested which would influence their purchase. The answers to frequently asked questions can be found in the governing documents, such as: Can a unit CONT I NU E S ON PAGE 26

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