2022 CAI-NJ September LAC Issue

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Our September 2022 issue is our 'Legislative Update' edition, with all articles that can help your business or community stay up to date on the current legislative topics in the industry. Please enjoy this issue and be sure to check out other issues at www.cainj.org !

September 2022 Community Trends

LEGISLATIVE UPDATE

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In This Issue

• Performance Bonds • Will Single Family Zoning Die in NewJersey? • NJ-LAC Poised to Seek Common Interest CommunityAssociations Carve Out from Proposed Debt Collection Legislation • Updates to NewJersey’s Municipal Services Act —A3969 and S2935 • Structural Integrity, Inspections, Reserve Funding • Mandatory Board Member Training (A1698) and Manager Licensing (A1699) • HowCAI Uses Our PAC Dollars ....and more

The Community Associations Institute New Jersey chapter would like to thank its 2022 Ultimate Partners below. For more information on our sponsorships, please contact CAI-NJ at 609-588-0030 or info@cainj.org.

T hank You Fo r You r Suppo r t !

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS 12 Performance Bonds By A. Christopher Florio, Esq., Stark & Stark Attorneys at Law and George Greatrex, Esq., Hill Wallack, LLP 16 Will Single Family Home Zoning Die in New Jersey? By J. David Ramsey, Esq., CCAL, Becker 12

20 NJ-LAC Poised to Seek Common Interest Community Associations Carve Out from Proposed Debt Collection Legislation By Andrew J. Podolski, Esq., Stark & Stark Attorneys at Law 26 Updates to New Jersey’s Municipal Services Act — A3959 and S2935 By Roslyn Brodsky, Concordia Homeowners Association and Larry Thomas, PCAM, Taylor Management Company, AAMC, AMO 28 Structural Integrity, Inspections, Reserve Funding By Ed San George, MPA, PCAM, Integra Management, Corp., AAMC and Mitch Frumkin, PE, RS, Kipcon, Inc. 34 Mandatory Board Member Training (A1698) and Manager Licensing (A1699) By Cheryl Palent, Renaissance at Raritan Valley Master Association and Alex Scheffer, Access Property Management, AAMC, AMO 40 How CAI Uses Our PAC Dollars By Liz Comando, CMCA, PCAM, Taylor Management Company, AAMC, AMO and Carol Shenk, EBP, SageWater EXTRAS President’s Corner 5 Looking Ahead 6 CAI-NJ Upcoming Events 7 Legislative Update 8 Chapter Trends 11 2022 Komen New Jersey MORE THAN PINK Walk 11 2022 Webinar Wednesdays 17 Beach Party — Register Now! 19 F.A.S.T. Teacher Supply Drive 21 2022 Lecture Series: Cannabis in Your Community 24 Winter Break Party 27 CA-PAC 9 & Nosh Lunch Registration 29 Managers Leadership Development Workshop 35 Pre-Conference Networking Reception Registration 37 2022 CAI-NJ Conference & Expo Schedule of Events 38 Attendee Registration 39 CA-PAC Contribution Form 40 Homeowner Leader Best Practices Roundtable Discussion 43 2023 Committee Sign-ups 45 F.A.S.T. Kickball Tournament 51 2022 Shoot the Cover Contest 53 New Members 54 CAI Membership Application 55 High Rise Summit 57 2023 Application for Nomination to the Board of Directors 59 2022 Ultimate Partner Listings 64

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Thursday, October 20, 2022 at The Event Center @IPA, Freehold, NJ

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CAI-NJ BOARD OF DIRECTORS EXECUTIVE COMMITTEE

PRESIDENT JEFFREY LOGAN GUARDIAN SERVICE INDUSTRIES, INC.

VICE PRESIDENT CHRISTOPHER NICOSIA, CMCA, AMS, PCAM PRIME MANAGEMENT, INC., AAMC

PRESIDENT ELECT TONY NARDONE, MBA, PCAM CORNER PROPERTY MANAGEMENT, LLC, AAMC

TREASURER STEVEN MLENAK, ESQ. GREENBAUM, ROWE, SMITH & DAVIS, LLP

SECRETARY BENJAMIN BASCH, EBP AMERICAN POOL ENTERPRISES

BOARD MEMBERS

Mary Barrett, Esq. Stark & Stark Attorneys at Law Business Partner Ryan Fleming, EBP JGS Insurance, A Baldwin Risk Partner

Kristina Munson, CMCA, AMS, PCAM RCP Management Company, AAMC, AMO Community Association Manager Carol Nickerson, CMCA FirstService Residential, AAMC Community Association Manager Robert Travis, CIRMS Long Beach Commons Condominium Association Homeowner Leader

Business Partner Charles Lavine Traditions at Federal Point Condominium Association Homeowner Leader

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

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

IMMEDIATE PAST PRESIDENT Loren Lightman, Esq. Hill Wallack LLP

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PRESIDENT’S CORNER Jeffrey Logan 2022 CAI-NJ PRESIDENT GUARDIAN SERVICE INDUSTRIES, INC.

CAI-NJ TEAM

THANK YOU! A s the summer is coming to an end, I hope you were able to relax, catch some sun, and spend some much-deserved quality time with family and friends. I really want to take this time to say THANK YOU to all of you. It has been a very unique two and a half years, and you have all rode the wave and navigated the storm with us. Our members, staff, board, and committees still found ways to engage, but also in a sense, re-invent the wheel and adapt to change. Our chapter has some of the best and most talented group of people I have seen. Our members volunteer their time to better our chapter, educate, advocate, and build strong con nections from the countless networking events we put together. Looking at this year as President, I was able to really get a sense of the time and commitment that goes into even the smallest event. I personally wanted to take this month to say THANK YOU ! “Be present in all things and thankful for all things.” We must find time to stop and thank the people who make a difference in our lives. We have a full line up of events and programs for September, we hope you can attend! • September 7, the Business Partner Essentials Course and Meet-up after at The Brickhouse Tavern & Tap in Piscataway. • September 13, The Lecture Series, Cannabis in Your Community: Understanding the Laws Affecting Associations in NJ, sponsored by Becker. • September 15, The Beach Party at Martell’s Tiki Bar, Pt. Pleasant. The F.A.S.T. Committee is taking donations again for the school supply drive and can be dropped off at the office or at the beach party. This benefits the Long Branch School District. • September 16, we are taking nominations for the 2023 CAI-NJ Board of Directors. Information can be found on the Board of Director’s Page of the website at https://cainj.org/board-of-directors/ • September 20 we will have the Homeowner Leader Roundtable at the Regency at Monroe. With topics such as Radburn Regulations: How they Affect Your Community, Electronic Voting, Roadway Maintenance, Preparing Your Residents for Snow Removal, Slip and Falls. • September 21 another Wednesday Webinar with The Falcon Group – Engineering, Architecture & Reserve Specialists and Hill Wallack LLP. • September 29, the F.A.S.T. Kickball Tournament at Mercer County Park. All pro ceeds will benefit Make-A-Wish New Jersey.

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 PROGRAM COORDINATOR JENNIFER@CAINJ.ORG GAIL BONUS ADMINISTRATIVE ASSISTANT GAIL@CAINJ.ORG

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

CONT I NU E S ON PAGE 48

CAI-NJ

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LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

Get the most out of your chapter membership by getting involved and joining a committee! LAC (Legislative Action Committee) – As you can see from this issue which is presented by the LAC, and incudes articles authored by the committee’s members, we are extremely fortunate to have such a devoted group of volunteers, that are dedicated to improving the common interest communities in which many of us work or live. I would like to take this opportunity to recognize all that they do and thank them for their dedication! Committee Sign-ups – Whenever a member asks me, how they can get the most out of their chapter membership, my response is always, “Join one of our 11- chapter commit tees”! It’s committee sign-up time! If you would like to network with your peers and become a leader in our industry, while helping us to better serve our members by lending your exper tise, this is your opportunity. Choose the one that’s best for you. Details for each committee can be found on page 45, or on our website, https://cainj.org/committee-sign-ups/ • Awards Committee – Help plan the kick-off event of the year, our Annual Awards Celebration. This elegant event honors the past year’s president and celebrates members demonstrating excellence in our industry. • Business Partner Committee – This committee, com prised solely of Business Partner Members, creates programs and benefits to enhance the value offered through membership for not only business partners, but community association managers and homeowner leaders as well while allowing for opportunities to foster relationships within the industry. • Conference & Expo Committee – This two-day event, begins with the Pre-Conference Networking Reception fol lowed by the Conference & Expo on the second day. Help plan and execute the chapter’s signature event, ensuring

“If you would like to network with your peers and become a leader in our industry, while helping us to better serve our members by lending your expertise, this is your opportunity.” • Editorial Committee – The chapter’s monthly magazine, Community Trends ® , is an important resource for all three Membership Representation Groups (MRGs) of CAI. The Editorial committee is responsible for soliciting, reviewing, and editing all articles for publication in the magazine. • Events Committee – Assist with the planning and exe cution of both the Beach Party, attended by over 600 members, and the elegant Winter Break Party, the final networking event of the year. The committee establishes the event themes, secures sponsorships, solicits atten dance, and assists with registration for both events. • Future All Star Team (F.A.S.T.) Committee – This commit tee is comprised of our young rising stars, the future lead ers of our industry. Their focus is on professional devel opment, civic outreach, and charitable fundraising, as they make a positive impact on our communities. They plan and execute events such as the Annual Olympics and Kickball Tournament, just to name a few, raising donations for Make-A-Wish New Jersey in addition to clothing and school supply drives throughout the year. • Golf Committee – Our Annual Dennis R. Casale Memorial Golf Outing, attended by more than 250 golf ers, is one of our premier events. The Golf Committee that homeowners, managers, and business partners come together for timely education and resources.

CONT I NU E S ON PAGE 44

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CALENDAR 2022-2023 Events & Education

SEPTEMBER

NOVEMBER 1 9 DECEMBER Wednesday Webinar Virtual 7 8 8 FEBRUARY Wednesday Webinar Virtual Winter Break Party Grand Marquis, Old Bridge Annual Awards Celebration The Event Center @iPA, Freehold 23 JUNE

7 13

Manager Leadership Workshop Clearbrook Community Association, Monroe Twp.

Business Partner Essentials BELFOR Property Restoration Office, Piscataway Lecture Series - Cannabis in Your Community: Understanding the Laws Effecting Associations in NJ Renaissance at Raritan Valley, Somerset

2 5 6 19 20 15 20 21 28 29

Beach Party Martell’s Tiki Bar, Pt. Pleasant

Homeowner Leader Best Practices Roundtable Regency at Monroe, Monroe Twp.

Annual Meeting & Chapter Retreat Grand Marquis, Old Bridge

Wednesday Webinar Virtual

High Rise Summit Hyatt Regency on the Hudson, Jersey City F.A.S.T. Kickball Tournament Mercer County Park, Princeton Junction

OCTOBER Komen New Jersey MORE THAN PINK Walk Six Flags Great Adventure, Jackson

Dennis R. Casale Memorial Golf Outing Forsgate Country Club, Monroe Twp.

Wednesday Webinar Virtual

CA-PAC 9 & Nosh Concordia Golf Club, Monroe Twp.

Pre-Conference Networking Reception The Event Center @iPA, Freehold

Annual Conference & Expo The Event Center @iPA, Freehold

LEGISLATIVE UPDATE

MATTHEW Z. EARLE, ESQ. KATES, NUSSMAN, ELLIS, FARHI & EARLE, LLP LEGISLATIVE ACTION COMMITTEE CHAIR

T he New Jersey Legislative Action Committee (NJ-LAC) is excited for this issue of Community Trends ® focused on legislative updates and our work in that regard. We truly have a dedicated group, where each member of the committee takes an active role in participating in reviewing and drafting legislation, discussing legislation with lawmakers and the public, and taking extra time to attend political events to raise our profile and communi cate our issues. We would also like to thank our lobbyist, Michele Jaker, a partner with MBI-Gluckshaw, for her invaluable guidance. One thing you should know is that unlike in some prior sessions, the current session of the legislature has made a decision to ensure that bills are more carefully vetted, often through multiple committees. This has resulted in a some what slower process which, of course, is a double-edged sword depending on whether you like or do not like a particular piece of legislation. However, we still have our hands full with important legis lation. In fact, in August we met on Zoom with multiple key legislators to explain and promote our agenda. Through these efforts over the last number of years, we believe that we have developed credibility. While we cannot get every thing we want in every piece of legislation, we can ensure that our voice gets heard and considered. Prior to introducing the articles and authors, I wanted to note two things: (1) the CAI-NJ Board of Directors has autho rized proceeding with the further appeal of the Radburn Regulations; and, (2) by the time you read this we will have submitted comments to the Department of Community Affairs’ proposed revisions to the Radburn Regulations. These are some of the topics you will read about in this issue, all of which are priorities for us: • Structural Integrity: Ed San George, MPA, PCAM of INTEGRA Management Corp., AAMC and Mitch Frumkin, PE, RS of Kipcon, Inc. write regarding the LAC drafted

structural integrity bill that was introduced by Senator Troy Singleton, Chair of the Senate Community and Urban Affairs Committee and by Deputy Speaker Yvonne Lopez, Chair of the Assembly Housing Committee. • Fire Hydrant Maintenance: Roslyn Brodsky of Concordia Homeowners Association and Larry Thomas, PCAM of Taylor Management Company, AAMC, AMO write about how Assemblywoman Annette Quijano and Senator Linda Greenstein have, at the LAC’s request, introduced legislation that would require municipali ties to pay for the cost of testing and maintaining fire hydrants in common interest communities (“CICs”) in the same manner as is done with other fire hydrants on public streets. • Accessory Dwelling Units: David Ramsey, Esq. of Becker writes concerning various proposed bills intend ed to make it easier to construct “accessory dwelling units” (such as apartments within houses or in garages), and the efforts by the LAC to ensure that such legislation does not negatively impact CICs. • Debt Collection: Andrew Podolski, Esq. of Stark & Stark Attorneys at Law writes concerning a proposed state level debt collection law that may apply to associations attempting to collect their own debts, and the efforts by the LAC to obtain a carve-out from same due to the unique relationships that exist in CICs. • Manager LicensingandBoardMember Training: Cheryl Palent of Renaissance at Raritan ValleyMaster Association and Alex Scheffer, CMCA of Access Property Manage- ment, AAMC, AMO write about the topic of mandatory Manager Licensing and Board Member Training. • Developer Bonds: George Greatrex, Esq. of Hill Wallack LLP and Christopher Florio, Esq. of Stark and Stark Attorneys at Law write about legislation proposed by the LAC that would permit municipalities to require developers CONT I NU E S ON PAGE 50

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2022 CAI-NJ COMMITTEES

AWARDS COMMITTEE Mary Visco — Chair Annie Gonzales — Vice Chair Lindsay Bartlett-Cupples, EBP Neil Betoff

EDITORIAL COMMITTEE Carol Shenk, EBP — Chair Nicole Martone, CMCA, AMS, PCAM — Vice Chair Robert Arnone, CMCA, AMS Don Cabrera, CMCA Neeraj Chander

HOMEOWNER LEADERS COMMITTEE Vonetta Hawkins — Chair Howard Staum — Vice Chair Bruce Blum Roslyn Brodsky Barbara Finn Charles Fredericks Lois Gerber Salvatore Gurriero

MEMBERSHIP COMMITTEE Nichole Gist — Chair Tara Baldwin, CPA — Vice Chair Lysa Bergenfeld, Esq. Megan Elgard, EBP Nikolaos Haralambopolous, CPA Kathleen Radler

Jeanine Clark Drew Cowley Kim Dempsey Rebecca Gavin Craig Gotilla

David Dockery, Esq. Jonathan Katz, Esq. Michael Mezzo, CPA, MBA Steven Morris, PE, RS Casey Sky Noon Drew Podolski, Esq. Robert Roop, PE Michael Ryan Larry Thomas, PCAM Board Liaisons: Mary Barrett, Esq. Brooke Stoppiello-Nevins F.A.S.T. COMMITTEE Jessica Baker, Esq. — Chair Steven Kuhnert — Vice Chair Jonathan Cairone Chelsea Donnigan Eric Eggert, CIRMS Shelby Evans, CPA, CMCA Jeffrey Logan Staff Liaison:

Brent Rivenburgh, EBP Stephen Roderick, EBP Nikki Schillaci, EBP Ken Shah

Keira Hauck Richard Lans Cheryl Palent Ernie Standard Danita Susi Board Liaisons: Charles Lavine Robert Travis, CIRMS

Dan Jazwinski Lila Khiry Cirillo Christine Maldonado

Amy Shorter, EBP Board Liaisons: Charles Lavine Chris Nicosia, CMCA, AMS, PCAM

Liza Mandelbaum Kari Prout, CMCA Eileen Szelewicki, CMCA Sandi Wiktor Board Liaisons: Jeffrey Logan Tony Nardone, MBA, PCAM Staff Liaison: Jaclyn Oskierko BUSINESS PARTNER COMMITTEE David Velasco — Chair Gregory Vinogradsky, Esq., EBP — Vice Chair

Staff Liaison: Robin Surgent NETWORKING EVENTS COMMITTEE Daniel Reilly — Chair Jessica Marvel, EBP — Vice Chair Donna Belkot Dean Catanzarite Diane Cody, CMCA, PCAM Lawrence Cullari Catherine Daly Frank Fasolo Gary Gleitman Carmen Reino Kasey Ronan David Ross Rachel Rutman Sal Sciallo Melissa Volet, Esq. Board Liaisons: Charles Lavine Carol Nickerson, CMCA Staff Liaison: Jaclyn Oskierko WOMEN’S LEADERSHIP COMMITTEE Martinia Heath, CMCA, AMS — Chair Lirelle Klein — Vice Chair Amani Abdellah Jamie Cullen Ellen Goodman Cara Landolfi Kristin Marzarella Gail McDermid Jennifer Nevins, CMCA, EBP Jennifer O’Brien Cheryl Rhine, CIC, CIRMS, EBP Christina Sanclimenti Freedom Hildreth Richard Lang, EBP Laura McIntyre, EBP Debbie Pasquariello, CIC, CIRMS, EBP

Staff Liaisons: Jaclyn Oskierko Robin Surgent LEGISLATIVE ACTION COMMITTEE (LAC)/PAC Matthew Z. Earle, Esq. — Chair Edward San George, PCAM — Vice Chair Jackie Thermidor, CMCA, AMS, PCAM — Secretary Joseph Chorba, CPA — Treasurer Elizabeth Comando, CMCA, PCAM — PAC President Andrew Podolski, Esq. — Vice President James Rademacher, EBP — PAC Committee Jennifer Alexander, Esq. Roslyn Brodsky Barbara Drummond, CMCA, PCAM

Thomas Asciolla, EBP Theresa Beckett, EBP Jordan Burkhalter Jennifer Carr George Caso Martinez Carrie Fusella Michael Kaminski Terry Kessler, Esq., EBP Toni Licciardi Michael Luzzi, EBP Kim Manicone Donna Meyer, EBP Darric Mitchell, EBP Ben Mitrou Jason Sponzilli Perry Stavridis Jessica Vail, EBP Michael Vennitti, EBP Board Liaisons: Benjamin Basch, EBP Ryan Fleming, EBP

Kristi Evans Jessica Long Will Meola Matt Rahn

Jose Romero Dharmi Shah Peter Shine, EBP

George Greatrex, Esq. Vincent Hager, CIRMS Mitchell Frumkin, RS Karyn Kennedy-Branco, Esq. J. David Ramsey, Esq. Lisa Rayca, CMCA, AMS John Reichart Alexander Scheffer, CMCA Carol Shenk Board Liaisons: Richard Milder Cheryl Palent

Lauren Vadenais, EBP Kristy Winchock, EBP

Board Liaisons: Benjamin Basch Kristina Munson, CMCA, AMS, PCAM Staff Liaisons: Brooke Stoppiello-Nevins Robin Surgent GOLF COMMITTEE

Steven Mlenak, Esq. Robert Travis, CIRMS Staff Liaisons: Angela Kavanaugh Robin Surgent

Ross Rutman, EBP — Chair Fred Hodge — Vice Chair Chris Belkot

Staff Liaisons: Jaclyn Oskierko Robin Surgent CONFERENCE & EXPO COMMITTEE Joe Bonafede — Chair Saher Gouda, EBP — Vice Chair Shelia Adams, CMCA Jay Burak Nicole Camarota, CMCA AMS Angela Celeste Ellen Comiski, CMCA John Echelmeir

Harold Berlowe Robert DeSantis Keith Giliberti, RS Sal Iozzia Hank Johns, EBP Lisa Komitor Victoria Lazaro Cathy Mango, EBP Karl Meth, Esq. Paul Migliore

MANAGER COMMITTEE Vincent Rapolla, AMS — Chair Mary Barone, CMCA, AMS, PCAM — Vice Chair Michael Flippin, CMCA, AMS, PCAM Ashley Gray, CMCA Chuck Graziano, PCAM Anthony Nazzaro Bob Rogers, CMCA, AMS Elaine Warga-Murray, CMCA, AMS, PCAM Michelle Williams, CMCA, AMS Board Liaisons: Kristina Munson, CMCA, AMS, PCAM Carol Nickerson, CMCA

Jaime Schneider Mariaellen Varelis Anne Yannarella, EBP Katie Zsamba Jill Zulin Board Liaisons: Mary Barrett, Esq. Kristina Munson, CMCA, AMS, PCAM

Wayne Napolitano Mike Polulak, Esq. Lisa Rayca David Salter David Shahrabani, EBP Jasmin Shelton Ryan Weiner Charles Witczak Paul Wojciechowski Board Liaisons: Steven Mlenak, Esq. Tony Nardone, MBA, PCAM Staff Liaison: Jaclyn Oskierko

Jessica Kizmann, CPA Priscilla Saint-Laurent Holly Teufel Board Liaisons: Ryan Fleming, EBP Chris Nicosia, CMCA, AMS, PCAM Staff Liaison: Jaclyn Oskierko

Staff Liaisons: Jaclyn Oskierko Robin Surgent

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CAI-NJ 2022 PARTNERS

FWH Associates, P.A. GAF Hill Wallack LLP Kipcon Inc. McGovern Legal Services, LLC mem property management, co, inc, PS&S, LLC PuroClean of Hoboken, Jersey City, Fort Lee Rezkom Enterprises, Inc. Taylor Management Company, AAMC, AMO

Alliance Association Bank Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Becker BELFOR Property Restoration Brown & Brown Insurance of Lehigh Valley C&L Services Pavement Maintenance Corner Property Management, AAMC

Denali Property Management, Inc. The Falcon Group - Engineering, Architecture & Reserve Specialists

Technocality, Inc. WilkinGuttenplan

Accent Group Access Property Management Adamas Building Services All County Exteriors Amco Pest Solutions, Inc. Anchor Pest Control Becht Engineering BT, Inc. Buckalew Frizzell & Crevina LLP Capital One Bank N.A. New Jersey

FirstService Residential, AAMC Greenbaum, Rowe, Smith & Davis, LLP Griffin Alexander, P.C. Guardian Service Industries, Inc. Innovative Pressure Cleaning, LLC The Jesan Companies JGS Insurance, a Baldwin Risk Partner KPI2 Enterprises, Inc.

O & S Associates, Inc. Pacific Western Bank Pardini R. Construction Corporation PeopleFirst Property & Casualty Services Popular Association Banking Preferred Community Management Services, Inc., AAMC Quality 1st Contracting, Inc. Rainbow - G & J Painting, LLC Regal Restoration USA Republic Services of New Jersey, LLC SageWater Servpro of Howell/Wall Stark & Stark Attorneys at Law 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. National Cooperative Bank One Call Roofing & Siding

Clearview Washing, LLC Cowleys Pest Services Curcio Mirzaian Sirot, LLC Cutolo Barros, LLC

Dior Construction, Roofing, and Siding Environmental Designers Irrigation, Inc.

Renda Roads, Inc. South Shore Construction, LLC STAR Building Services Two Men Property Services Group, Inc Wilkin Management Group, Inc.

Accurate Reconstruction AR Management Company Design East, Inc. Eosso Brothers Paving Felsen Insurance Services, Inc.

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

Lawley Services, Inc. MyPropertyBilling.com Radom & Wetter

CHAPTER TRENDS

Clearview Washing Preparing for Shrink Wrapping Season

Chapter Trends Editorial Guidelines

• 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.

With Labor Day rapidly approaching, Clearview Washing is once again preparing for shrink wrapping season! Communities find that this is an ideal way to protect outdoor furniture against the elements, including snow, high winds, UV rays and pests. Those unsightly, cheap tarps never seem to stay on and always rip. Instead, shrink-wrapping is a cost-effective method of exterior protection. Everything is completely encapsuled and very strong. Companies have been shrink wrapping boats for many years now and ends up being perfect for clubhouse pool furniture! n

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PERFORMANCE BONDS

By A. Christopher Florio, Esq., Stark & Stark Attorneys at Law and George Greatrex, Esq., Hill Wallack LLP

“This safety measure was upended during Governor Chris Christie’s last day in office on January 16, 2018......”

F or almost 50 years, part of the New Jersey Municipal Land Use Law (“MLUL”) has required townships to require developers to post bonds and/ or cash escrows (also known as “guarantees”) for infra structure items within a community (i.e., roads, sidewalks, basins, grading, plantings, etc.), and as more specifically set forth in N.J.S.A. 40:55D-53. These bonds were always a means for a municipality to ensure that infrastructure, including those that would be for public and private use, were properly built and structurally sound. By law, the municipality is the beneficiary for these posted bonds and/ or cash escrows and has the sole right to act if a builder will not address improperly constructed infrastructure. While the infrastructure of most community associations is private, these posted bonds and/or cash escrows, and the involvement of the municipal engineer to inspect infra structure subject to these bonds and/or cash escrows, was another safety measure available to community associa tions to ensure properly constructed infrastructure. By law, no bonds and/or cash escrows may be released until the

municipal engineer “signs off” on the developer’s request to reduce or release this obligation. This safety measure was upended during Governor Chris Christie’s last day in office on January 16, 2018, when he signed into law a revision to the MLUL no longer requiring that developers post bond or cash escrows, in almost all cir cumstances for private communities, unless the infrastructure is to be dedicated to the municipality. With the benefit of hindsight, it has been CAI’s position that this MLUL revision has consequences the Legislature did not intend, nor were educated about, when the bill was working its way through the Legislature. The National Association for Industrial and Office Parks (“NAIOP”) is a trade organization that represents the inter ests of commercial real estate landowners. It is CAI’s belief the NAIOP was the impetus behind the MLUL law revision and was frankly based on the sound reasoning that there is little reason to require bonds and/or cash escrows in these settings since the infrastructure is private (for instance, a shopping center or mall) and the landowner will always CONT I NU E S ON PAGE 14

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be responsible for the infrastructure. Unfortunately, private communities became caught up in what was intended to be a benefit to a limited audience. CAI has been taking steps to garner support for a change to the MLUL to put back the protections previously contained in the law prior to January 2018. These steps include adding stakeholders to this endeavor, includ ing the members of the New Jersey Conference of Mayors. CAI is a mem ber of this organization and has been cultivating relationships over the last few years with this group of influential lawmakers. Mayors throughout New Jersey recognize a private commu nity that is not well maintained or unable to address faulty construction could be a financial drain upon a municipality’s coffers, especially if an association can no longer function as a viable entity. Thus, CAI believes the Conference of Mayors can be a valu able resource and partner with CAI in re-establishing appropriate bonding requirements in New Jersey. It is our hope that corrective legislation will soon be introduced to achieve this needed change in the law. n to the MLUL to put back the protections previously contained in the law...” “CAI has been taking steps to garner support for a change

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WILL SINGLE FAMILY ZONING DIE IN NEW JERSEY? By J. David Ramsey, Esq., CCAL, Becker

“A recent study found that New Jersey has only 31 affordable dwellings for every 100 families requiring such housing...”

M any parts of the United States face a housing crisis with a deficit in housing that is affordable for many people. Freddie Mac, a purchaser of mortgages in the secondary market, like Fannie Mae, has estimated that there is a shortage of 3.8 million hous ing units in the United States. This has been reported to contribute to the “tent cities” that have been created at highway interchanges in some states, and in some cities has significantly increased the number of homeless people. In addition, it has led to over-crowding of apartments, con dominium units and other forms of housing. A recent study found that New Jersey has only 31 affordable dwellings for every 100 families requiring such housing — the worst ratio in the northeast United States. New Jersey’s legislators are starting to respond to this urgent housing need. Other states have started to react to this crisis by allowing the creation of accessory dwelling

units in areas that previously allowed only single-family zoning. While these efforts have, to some extent, been successful in adding housing that is more affordable to a larger cohort of purchasers, they potentially create serious issues for community associations. What is an accessory dwelling unit (ADU)? It can vary. In each instance it constitutes an additional separate dwell ing unit with facilities for independent living on a lot that is limited to one single-family dwelling unit. The ADU can be free-standing, attached to the primary home, or be an apartment over a free-standing garage. Sometimes they house older parents of the lot owners, while providing inde pendent living and provide an alternative to assisted living. Two bills have been introduced in New Jersey. The first is S345, pending in the Senate and co-sponsored by Senators Singleton and Zwicker, with an identical compan ion bill in the Assembly (A1987) for which Assemblyman CONT I NU E S ON PAGE 18

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SINGLE FAMILY... from page 16.

requires that two-thirds of the full governing body vote in favor of such an ordinance. The Mukherji bill, while similar to the Singleton bill, does not permit municipalities to opt out; allows ADUs to be constructed within five feet of a rear lot boundary; gives the New Jersey Department of Community Affairs (DCA) broad rule-making authority, and expressly supersedes any provi sion in a community association’s governing documents that is inconsistent with the bill. The Legislative Action Committee (NJ-LAC) has been active in reacting to these bills. It has provided a memorandum to Senator Singleton setting forth its concerns, which include: • Clarity concerning the bill’s definitions, including inappli cability of ADUs to condominiums • Limiting ADUs to low- and moderate-income housing so the ADUs do not become high- rental-value luxury units that will bring more residents and cars to single-family zones • Eliminate the bill’s provisions that prohibits municipalities from requiring housing to be age-restricted when the zone in question includes lots in an age-restricted community

PROTECT YOUR PROPERTY At home or the office... I know my wags ™ valve is keeping me safe. Mukherji is the sponsor, which this article refers to as the Singleton bill. The second is Assembly bill A3584, intro duced by Assemblypersons Timberlake, McKnight, and Mukherji, which, as of the writing of this article, has no Senate companion and is referred to as the Mukherji bill. The Singleton bill requires that the ADU have no less than 30 percent of the floor area of the primary dwelling and be located on the same lot as the primary dwelling unit. It allows ADUs in all single-family zones and allows munici palities to restrict the ADUs to low- and moderate-income housing (to meet each municipality’s affordable housing obligation) but does not require all such housing to be affordable. It is not clear whether this bill could allow a condominium unit to be divided into two separate units, but the Singleton bill in its current form does not supersede association governing documents. The Singleton bill also allows municipalities to opt out of having all its single-family zones be subject to ADUs but

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• Where an association’s existing governing documents do not prohibit ADUs on a single-family lot, the bill must create a method by which the association may equita bly charge additional assessments to the lot owner on whose property an ADU is located • Perhaps most importantly calls to the Senator’s attention that many homeowner association communities were built with infrastructure that only supports the density of housing that already exists While the NJ-LAC has not had an opportunity to comment on or meet with Assemblyman Mukherji, as soon as the sum mer recess ends it will be arranging a meeting. Given the pro visions of his bill that would supersede association governing documents, our level of concern is considerably heightened. The New Jersey Builders Association and New Jersey Association of Realtors, two powerful lobbies, support ADU legislation. As a matter of national policy, CAI, the largest national organization advocating for associations and homeowners, recognizes the need to be part of the solution to the existing housing crisis, but only if the issues concerning infrastructure and assessments are dealt with.

“Given the provisions of his bill that would supersede association governing documents, our level of concern is considerably heightened.”

The current New Jersey legislative session will not end until early January 2024. It is highly likely that one or both bills will be subject to significant modification and the LAC will represent community associations that are an important stakeholder in this process. If any legislative alerts are forwarded concerning the ADU bills, we urge you to respond to ensure that the voice of owners in community associations is heard. n

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