CAI-NJ Sept 2020

Community Trends ® September 2020

LEGISLATIVE UPDATE

Aneese/iStock/Getty Images Plus

• Legislative Efforts to Restrict Debt Collection Efforts • Update on Legislation Regarding the Installation of Car Charging Stations in Common Interest Communities • Open the Pool? Roll the Dice? • NewDCA Rules Regarding “Benefit Derived” and Reserves • CAI and LAC: Tackling Legislation and Making a Strong Impact on CommunityAssociation Governance • ....and more In This Issue

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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Legislative Efforts to Restrict Debt Collection Efforts By Thomas C. Martin, Esq. Price, Meese, Shulman & D’Arminio, P.C. Update on Legislation Regarding the Installation of Car Charging Stations in Common Interest Communities By Matthew Z. Earle, Esq. Kates, Nussman, Ellis, Farhi & Earle, LLP Open the Pool? Roll the Dice? By Paul Raetsch Past President Horizons at Woods Landing HOA and Member of New Jersey LAC and Steve Kroll, Member of CAI-NJ LAC and CAI National Homeowner Leader Committee New DCA Rules Regarding “Benefit Derived” and Reserves By J. David Ramsey, Esq. Becker CAI and LAC: Tackling Legislation and Making a Strong Impact on Community Association Governance By A. Christopher Florio, Esq. Stark & Stark

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EXTRAS President’s Corner Looking Ahead

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CAI-NJ Upcoming Events

Legislative Update

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

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CAI-NJ ADR Program

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2021 CAI-NJ Committees Sign-up Form

Community Trends ® Article Submission Guidelines

New Members

CAI Membership Application 2020 Ultimate Partner Listings

DNY59/Lyudinka/summerphotos/flammulated/Aneese/ iStock/Getty Images Plus

2020 Shoot the Cover Photo Contest

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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

“Alone we can do so little; Together we can do so much.” — Helen Keller

ANGELA KAVANAUGH CHAPTER EXECUTIVE DIRECTOR ANGELA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, CONFERENCE & EVENTS JACLYN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS COMMUNICATIONS MANAGER BROOKE@CAINJ.ORG ROBIN SURGENT MEMBERSHIP MANAGER ROBIN@CAINJ.ORG JENNIFER FARRELL ADMINISTRATIVE COORDINATOR JENNIFER@CAINJ.ORG

We Have Expanded our Amazing Team! We are genuinely excited to welcome Robin Surgent back to the CAI-NJ family as Membership Manager. Robin rounds out an amazing team of professionals, and together — they are ready to serve our entire membership through various education, advocacy and networking programs. Please join me in welcoming Robin back to the CAI-NJ Team! What’s New in our Virtual World? We have completely embraced our new virtual world and we’re working hard to keep our membership connected. The response to our Webinar Wednesday programs has been incredible. Please be sure to tune in each week as leaders in our industry discuss topics that are relevant to our common interest communities. In addition, we held our first online Board Leadership Development Workshop in August. This successful program covered essential board member training over a period of 3 days. Networking programs have been popular as well — including the Cyber Trivia Break, hosted by our F.A.S.T. Committee and the new HOA Feud, where business partners and management companies compete! Please be sure to tune into all that CAI-NJ has to offer, including our She-Connects podcast discussions hosted by our Women’s Leadership Committee and our educational Wednesday Webinar Series with speakers from our 2020 Ultimate Partners. What’s Next? Our CAI-NJ Virtual Tradeshow which will include our new video catalog — more information to follow! LAC Committee — “Together We Can Do So Much” The theme of our September issue is LAC — and this issue focuses on the leg- islative matters facing our common interest communities. When I reflected on this month’s quote, I chose the sentiment above to honor the commitment and hard work of the LAC (Legislative Action Committee). This committee is comprised of incredibly talented professionals — all working “together” on behalf of our indus- try. I’ve had the pleasure of attending several meetings during the time I’ve served on the Board of Directors and I can honestly tell you that their recognition as LAC Committee of the Year by CAI National is well deserved. Please read George Greatrex’s article on page 8 for additional insight on important legislative priorities. In Closing — We Thank You! As always, the CAI-NJ Board of Directors and the entire office team thank you for your continued support. We know that the success of our chapter is based on our incredible membership. 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 Community Associations Institute - New Jersey Chapter

@cainewjersey

5 www.youtube.com/ channel/UCuw0o4xfAO _wcKQM8V4rvwA

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

A memorable day and an experience I wish everyone could share in. A few years ago I had the opportunity to attend my first Legislative Action Committee meeting and while I must confess it wasn’t easy to follow the discussion, as I sat and observed I was in complete amazement of how they went about tackling the issues affecting common interest communities and discussing what they needed to do to move the issues forward in legislation. This year, the New Jersey Legislative Action Committee, has been chosen at the national level of CAI, as the winner of the CAI Legislative Action Committee of the Year Award for making a significant difference to CAI. It is inspiring to see that their hard work and accomplishments throughout the year were recognized. Congratulations to everyone on this well-deserved award. I would like to express my gratitude to the entire Legislative Action Committee for volunteering their time each month. This 20-person committee is led by LAC Chair, George Greatrex, Esq. and LAC Vice Chair, A. Christopher Florio, Esq. The theme of this month’s issue of Community Trends ® is legislative and highlights the most relevant bills that the com- mittee is currently monitoring, however, it is only a sampling of all that they do. Please refer to George Greatrex’ s col- umn on page 8, for a summary of these articles and I hope that you take the time to read all of them in their entirety. The Legislative Action Committee (LAC) plans to continue to host the Virtual Legislative Updates, as their advocacy evolves. LAC, made up of devoted volunteers, constantly monitors legislation that is directly impacting our industry. Stay abreast of issues affecting your common interest com- munities by tuning into these monthly updates. Please support your LAC. The NJ-LAC needs the financial support of CAI-NJ members so that they can continue to

“The Legislative Action Committee (LAC) plans to continue to host the Virtual Legislative Updates, as their advocacy evolves.” We have an addition to the CAI-NJ team, Robin Surgent. Robin is the new Membership Manager as well as the Staff Liaison to the NJ-LAC and CA-PAC. Robin began her career in the community association industry nine years ago as the Event Coordinator for CAI-NJ. From that position, she went on to further her career with two other trade organi- zations gaining experience in membership management, coordinating educational seminars and hosting networking events. We are now fortunate to have Robin rejoin our CAI- NJ family. Please reach out to Robin at Robin@cainj.org with your membership needs or just to say welcome back! Sincere Appreciation — I value all our members that support the chapter by giving their time and sponsoring our events and education. Because of their commitment every one of our members benefit. A sincere thank you to the CAI-NJ Board of Directors, our members and the CAI-NJ Team for entrusting me to assist you with what lies ahead for the chapter and being your voice in planning future educational programming and events. Please reach out to me with any ideas that you may have. Stay safe and enjoy your journey with CAI-NJ! n employ our lobbyists as well as support legislators and educate them on the issues affecting our communities. Please support the NJ-LAC through CA-PAC, NJ CAI’s Political Action Committee. Visit https://cainj.org/make-a-donation/ to make your gift to CA-PAC today!

Please note: there was a misprint in our August 2020 issue of Community Trends ® in Mary Barrett, Esq.’s article “Just Try to Comply! Compliance Problems Created by the Radburn Regulations.” This has been corrected for the digital version of the magazine and we invite you to read the corrected article at https://user-cainj.cld.bz/CAI-NJ-Aug-2020-w/30/.

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CALENDAR 2020 Events & Education SEPTEMBER OCTOBER

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Webinar Wednesdays - Conducting Board Meetings, Maintenance - Streets - Pave- ment, and Organizing Board Meetings Live Webinar

Who Do You Want to Meet? - A Virtual Happy Hour Hosted by The CAI-NJ Business Partner Committee Live Webinar

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HOA Family Feud Live Webinar

HOA Family Feud Live Webinar

Webinar Wednesdays - Managing Insurance Claims, Maintenance - Streets - Cleaning, Developing Election Procedures, and Expert Witness - Engineering Live Webinar Webinar Wednesdays - Managing Public Relations/Resident Expectations, Funding Reserves, Flooring/Refinishing, and Preparing Budgets Live Webinar

Webinar Wednesdays - Statutes & Case Law Affecting Community Management, Pothole Repair/ Infrared, Roofing & Siding, and Broadcast Messaging Live Webinar Webinar Wednesdays - Concrete Lifting & Leveling, and Board Training Live Webinar Webinar Wednesdays - Surveillance, Video Door Bells, Video Surveillance - Security, and Retaining Wall Repairs Live Webinar Webinar Wednesdays - Asphalt Milling & Paving and Encouraging Interest & Participation in Committees Live Webinar HOA Family Feud Live Webinar

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F.A.S.T. Make-A-Wish Tricky Tray Live Webinar

HOA Family Feud Live Webinar

Webinar Wednesdays - Analyzing Con- tracts, Stucco/Siding, Implementing Maintenance Programs, and Motivating & Guiding Board Members Live Webinar Webinar Wednesdays - Conflicts of In- terest & Ethics, Decks, Concrete Mobile Crushing, and Addressing Complaints & Diffusing Anger Live Webinar

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HOA Family Feud Live Webinar

Register for these and other events at www.cainj.org - All events are subject to change.

LEGISLATIVE UPDATE

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

A s I’ve written in this column each of the past few years, the September issue of Community Trends ® is my favorite of the year…there’s always so much good stuff in it! It’s commonly known as the “LAC Issue” because all of the articles are about legislative, regulatory and legal issues affecting common interest communities in New Jersey, written by members of the CAI Legislative Action Committee – NJ. Oh, if you haven’t heard, your NJ LAC was named the “Legislative Action Committee of the Year” by CAI National! Wow…that’s right…best in the country! So, what do we do from here? We keep working hard for common interest communities like yours… This year has been challenging in so many ways. While we have been preoccupied with COVID -19 issues, we have been pursuing other important legislative and regula- tory priorities too. These are some of the issues you’ll read about in these pages: • Restrictions on Debt Collection Activities: Various bills have been introduced this year (both in Trenton and in Washington) which attempt to curtail, if not completely shut down the collection of valid debts during the COVID -19 pandemic and for a period of time after New Jersey’s state of emergency is lifted. Thomas Martin, Esq., a lawyer and former chair of the NJ LAC, reviews these bills and explains how your LAC has successfully opposed any legislative efforts that would prevent CICs from collecting overdue assessments and related charges. • Electric Vehicle Charging Stations: Advancing “green energy” technology brings with it both benefits and complications, and this topic is a good example of that. Matthew Earle, Esq., a lawyer and the LAC’s go-to resource on tech issues who wrote about this issue in each of the last two year’s editions, updates us on legislative efforts to promote the use of electric vehicles,

“Oh, if you haven’t heard, your NJ LAC was named the “Legislative Action Committee of the Year” by CAI National! the developer/declarant, you’re probably familiar with these terms, but you also probably don’t really know what they mean. Well, join the club! David Ramsey, Esq., a lawyer and long-serving CAI loyalist, will report on the proposed regulations recently announced by the DCA and how your LAC, under his leadership on this issue, has finally brought some clarity to this important aspect in the early life of a CIC in New Jersey. •CAI-NJ’s Political Action Committee (CA-PAC) Supports NJ-LAC in Political Efforts: CA-PAC’s mission of initiating and advocating for helpful legisla- tion, and opposing harmful legislation, costs money. Not that your LAC members receive any of that money (we don’t), but to be effective in what we do requires the help of lobbying professionals (who get paid for their services by NJ-LAC) and attendance at functions which CONT I NU E S ON PAGE 42 and how we are working with the legislature to make sure those laws are fair to our communities. • To Open the Pool or Not Open the Pool: Paul Raetsch and Steve Kroll, homeowner leader members of the LAC and former members of their respective HOA Boards, discuss this most difficult of decisions made by a Board of Trustees this year…or any year. • Adequate Reserves and Benefits Derived: For those of you who have lived or worked in a newer common interest community still under the control of

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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

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:

Richard Lans Deana Luchs Judy Miao Cheryl Palent Howard Staum Robert Travis Board Liaisons: Charles Lavine Chris Nicosia, CMCA, AMS, PCAM

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

Staff Liaisons: Jaclyn Oskierko Robin Surgent 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

Amy Shorter Mark Siwiak Board Liaisons: Charles Lavine Tony Nardone, MBA, PCAM

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

Staff Liaison: Robin Surgent NETWORKING EVENTS COMMITTEE Gary Gleitman — Chair Freedom Hildreth — Vice 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 Liaisons: Angela Kavanaugh Robin Surgent MANAGER COMMITTEE

Jessica Baker, Esq. Martin Cabalar, Esq. Angela Celeste Gabriella Esposito, Esq. Shelby Evans Ashley Gray, CMCA

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

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

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

Board Liaisons: Benjamin Basch Jeffrey Logan

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

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

Staff Liaisons: Jaclyn Oskierko Robin Surgent 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

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

Staff Liaisons: Jaclyn Oskierko Robin Surgent

Patricia Ventura Board Liaisons:

Michael Kennedy Terry Kessler, Esq. Konrad Kurach

Loren Lightman, Esq. Jennifer Nevins, CMCA

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

Staff Liaisons: Jaclyn Oskierko Robin Surgent

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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 USI Insurance Services Valley Bank Witczak Engineering

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

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

Legislative Efforts to Restrict Debt Collection Efforts

By Thomas C. Martin, Esq., Member, Legislation Action Committee Price, Meese, Shulman & D’Arminio, P.C.

T hree recent bills are pending in the New Jersey Legislature to restrict efforts to enforce a judgment or collect on a debt. These bills have the potential to impact every community association which is working to enforce the maintenance fee obligations found in its governing documents. The Legislative Action Committee of the New Jersey chapter of the Community Associations Institute (NJ-LAC) is working with the Legislature to seek protections for our members. These bills can be found on the website for the New Jersey Legislature: www.njleg.state.nj.us S2330 and A3908 apply to efforts to enforce a Judgment against an “affected person,” which is a “resident” of New Jersey who “has suffered a loss of income as a result of the coronavirus disease 2019 pandemic.” These bills, which have not been enacted into law, are designed to apply from the March 9, 2020 date of Governor Murphy’s Public Health Emergency Executive Order through either 90 days after the end of the Public Health Emergency or December 1, 2020, whichever is sooner. Wehopeyouandyour familiesaredoingwell during theseextraordinarily unusual times.

CONT I NUE S ON PAGE 14

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DEBT COLLECTION... from page 13.

Your LAC has worked diligently and successfully to strike a reasonable balance and to work to amend the bill to protect community association rights. We are pleased to report that the more onerous provisions of the bill have been removed. Without these amendments, it could have made it very difficult to enforce maintenance fee obligations in community associations. At least five other states and the District of Columbia passed similar bills into law or have similar bills pending. In this sense, we are very pleased to have been able to get the “Without these amendments, it could have made it very difficult to enforce maintenance fee obligations in community associations.” bill amended in order to provide pro- tections for community associations as they seek to enforce maintenance fee obligations for all of the unit owners. S2423 is another recently introduced bill which increases and expands the New Jersey “Homestead” Bankruptcy Exemption to $345,000.00 of home equity. Very generally speaking, Bankruptcy law is Federal law, which relies on State law to delineate which assets of a debtor get liquidated to pay creditors and which assets of a debtor can be shielded from creditors. An Exemption means the asset can be protected from creditors. On the other hand, there are Exceptions to the

DNY59/iStock/Getty Images Plus

CONT I NU E S ON PAGE 16

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SAVE-THE-DATE

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DEBT COLLECTION... from page 14.

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Exemptions. An Exception means the asset is not protected from creditors. We know it is convoluted but leg- islation is often convoluted. Your LAC is working very hard to try to get a community association lien for main- tenance fees included in the bill. The amendment is designed to prevent a debtor unit owner from simply evading a maintenance fee lien in Bankruptcy. This way it may be possible to get the association paid at least in part despite a unit owner debtor filing for Federal Bankruptcy protection. Please also keep in mind that even if the bill is amended to provide for additional protections for community associations, there is still no guaran- ty the association will ultimately get

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paid. You should consult with your association legal counsel for specific guidance on these important issues. Bankruptcy law can be complicated and sometimes it can seem counter- intuitive. Nevertheless, your LAC is doing the best it can to try to work with the Legislature to include hard won lien protections for our common interest communities. As members of the Community Associations Institute, we all need to remain continually vigilant in order to protect and preserve our rights and the rights of our communities. After all, for many of us, the unit (and depend- ing on your type of association), the land and common elements are our biggest investment and they need to be protected. Stay safe and stay well. n

Did you know you can send us your news and events? Our new website now features a Member Bulletin page where members can send us news on what’s going on in their company. In addition, members can also send us information on any CAI sanctioned (with educational credits) and CAI-NJ co-branded events – we will help you promote to all CAI-NJ members! All submissions may be sent to: Brooke@cainj.org

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Update on Legislation Regarding the Installation of CAR CHARGING STATIONS In Common Interest Communities By Matthew Z. Earle, Esq., Kates, Nussman, Ellis, Farhi & Earle, LLP

Lyudinka/iStock/Getty Images Plus

W e have previously updated you concerning the opposition of the NJ-LAC to various iter- ations of an electric vehicle (“EV”) charging station bill that would require common interest communities (“CICs”) to approve owner applications to install charging stations in assigned parking spaces. While CAI is commit- ted to supporting green energy, these bills failed to con- sider the legitimate life, safety, financial, and governance concerns of CICs. The LAC is pleased to announce that after a significant amount of negotiation, the sponsors of the bill and the other stakeholders agreed on adding important protections for CICs to the bill now styled as A3367/S1951, which the LAC supports. Hopefully, the bill will pass both houses and be signed by the governor. The highlights of the bill include the following items: • CICs cannot prohibit or unreasonably restrict the installa- tion of EV charging stations.

• Subject to other portions of the bill, CICs are required to permit an owner to install an electric vehicle charging station in a parking space owned or assigned to the owner, even if same requires reasonable access through common elements. • The charging station and the installation thereof must meet all applicable codes, standards, and land use statutes, regulations, and ordinances. • CICs should review applications for charging stations in the same manner as other owner applications for modi- fications and alterations. • In the event that the CIC reasonably concludes that the cumulative use of electricity on the premises attributable to charging stations requires the installation of additional electrical infrastructure improvements, the CIC may hold applications in abeyance until the improvements are complete, and may also specially assess owners with charging stations and those with pending applications the costs thereof [added by LAC].

CONT I NU E S ON PAGE 20

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CAR CHARGING... from page 18.

• The CIC can impose reasonable architectural standards for charging stations [added by LAC]. • The owner must engage a licensed electrician to perform the charging station installation. • The owner must maintain at least $100,000 in homeowner’s lia- bility insurance and may have to maintain a higher amount if same is required of all owners under the governing documents or rules and regulations [added by LAC]. • The owner must pay for all electric- ity usage. • The owner must pay for all the review charges incurred by the CIC, such as engineering fees, electrician fees, and legal fees [added by LAC]. • A charging station application can be denied if it poses a life-safety risk [added by LAC]. • Owners are responsible for all damages caused by charging station and all installation costs [added by LAC]. • The owner must advise prospective purchasers of the owner’s unit of the charging station and the responsibili- ties appurtenant to same [added by LAC]. • The owner must indemnify and hold the CIC and other owners harmless from any claims for bodily injury and property damage related to the charging station [added by LAC]. • Boards, in their discretion, have the authority to license a common

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CAI-NJ ADR Mediation Program

CAI-NJ is proud to offer our Alternative Dispute Resolution (ADR) – Mediation Program to our members as an exclusive benefit. Community Associations are required by state law to offer homeowners a “fair and efficient” solution, outside of litigation. This simple program is designed as quick and affordable alternative to the traditional justice system.

Now, more than ever, community associations need a quicker, more affordable way to solve their disputes. Now available on Zoom!

What is ADR? The CAI-NJ ADR-Mediation Program is designed as an alternative to the traditional justice system. It includes negotiation and mediation with a third party. This service is offered to parties who live or work in community associations. Community associations are required by state law to offer homeowners a “fair and efficient” alternative to litigation. How does ADR work? ADR involves a mediation conference where the disputing parties meet with a mediator on a voluntary basis to talk about the problem and attempt to reach an agreement. The mediator is selected by CAI-NJ and assists the parties in arriving at a solution but does not impose a decision. The mediator helps the parties look at all aspects of the issues and explore what may be acceptable to both parties as a resolution.

What are the benefits of ADR through CAI‑NJ? The CAI-NJ ADRProgramwill most likely be less expensive than the normal judicial process because it is a one-time fee rather than court costs and undetermined legal fees. Also, mediation is a confidential process unlike court cases that are adjudicated in public session. Many mediated disputes only require one session to resolve, and those sessions can be scheduled quickly. A filed court case may take months or years to resolve.

Email ADR@cainj.org or call (609) 588-0030 for questions and to utilize this valuable service today!

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Open the Pool? Roll the Dice?

By Paul Raetsch, Past President Horizons at Woods Landing HOA and Member of New Jersey LAC and Steve Kroll, Member of CAI-NJ LAC and CAI National Homeowner Leader Committee

O n June 8th, Governor Murphy tweeted “NEW: Municipal and private-club swimming pools can REOPEN on Monday, June 22nd.” After months of social distancing and isolation, residents of common interest communities (CICs) with school age children were thrilled. Grandparents in age-restricted communities happily called grandchildren to tell them they could come to swim. Most residents saw the Governor’s tweet; few saw New Jersey COVID-19 Outdoor Pool Standards released June 12th. The seven-page Department of Health document listed many new, complicated and vague requirements with which community associations had to comply before opening. Some CIC residents think board decisions are simply which lawn or snow service to select. Responsible boards take these decisions seriously, but COVID-19 made deci- sions about opening amenities complicated and expensive, with potentially disastrous consequences. Residents need to appreciate the difficult decision-making process boards

summerphotos/iStock/Getty Images Plus

Courtesy CAI-NJ.

carried out regarding opening pools, clubhouses, tennis and bocce courts and exercise equipment. Property managers throughout the state have mentioned that the Governor did their industry a disservice by releas- ing a pool opening date without noting the onerous condi- tions and regulatory requirements that associations faced. Immediately after the standards were released, man- agement companies, attorneys, insurance and pool pro- fessionals warned associations that compliance by June 22nd would be impossible. Even so, most board members CONT I NU E S ON PAGE 24

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assumed they could comply by July 4th or would certainly open their pools in July. Joan Sambucci, a board member of the Horizons at Woods Landing HOA (HWLHOA), explained: “We believed there was a possibility that we could have opened. We had read the CDC guidelines, we met with the pool committee, consulted with an infectious disease nurse, and planned our strategy. It wasn’t until we received the local regulations and a report from our attorney that the deci- “The standards required preparing a COVID-19 Pool Operation Prevention Plan...” sion to stay closed was made.” The boards were studying the stan- dards and CDC guidelines. The stan- dards required preparing a COVID- 19 Pool Operation Prevention Plan which detailed staffing, admittance/ access, infection control strategies, rest room access, face masks, gloves, social distancing, and a communi- cation plan. Boards first saw these requirements less than two weeks before June 22nd. On June 17th an attorney specializ- ing in CIC matters remarked, “As far as I can tell, the worm has turned on this, whereas last week the high-ris-

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keep it closed this season; but that a tennis club (which is not a community association) opened its pool. One South Jersey association closed their pool, but decided to keep bocce, pickle ball and tennis courts open because there was nothing they could do about the players necessity to touch the balls. There is division within that community about these decisions since liability is the same as if the pool opened. According to the results of a sur- vey released July 9th by Community Associations Institute (CAI), national- ly only 7% of respondents reported opening their pool on time this year. “In New Jersey, more than 80% of respondents reported their pool is closed this season.” One property manager suggested that the percent- age of open pools would be even

“One board sent residents a note on June 13th explaining opening on June 22nd may not happen.”

es were at yes, now virtually all of them are at no or undecided.” Most property managers found the same, boards began realizing the costs and complications required to comply with the standards and CDC guidelines. A property management company executive mentioned on July 7th that of their 40 managed pools, only six had voted to open; and of those, only three had actually opened. The other three are still working to overcome the various obstacles. The three that opened included a luxury high rise, a townhome development and an age restricted single-family home develop- ment. Another attorney said in late June that every community association he represents with a pool voted to

lower if those in Atlantic Ocean beach towns were excluded from the survey. Did the more than eighty percent of boards which chose to close simply decide it was easier to not open the pools? Hardly. CIC volunteer board members spent many hours in meetings, and with their attorneys, pool managers, property managers and insurance companies. They also heard the diverging opinions of res- idents. Joan Sambucci when asked how many hours she spent studying this, said, “Hours upon hours and many sleepless nights. I have not tracked the time.” Virtually every asso- ciation badly wanted to open their amenities, but they followed their fidu- ciary responsibilities to make the prop- er decisions for their communities. One board sent residents a note on June 13th explaining opening on June 22nd may not happen. One resident sent one single word back, “BS!” Many other communities had similar reactions. One property man- ager observed, “we are now com- bating uninformed residents who are unaware of these additional require- ments, expenses or uninsurable liabil- ity exposures. Homeowners in some communities have become aggressive to their boards and committee mem- CONT I NU E S ON PAGE 28

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