April 2024

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April 2024 Community Trends

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S-E-R-G-O/ iStock/Getty Images Plus

In This Issue

• Water, Water Everywhere but Liability is Not Always What You Think • Shore Thing — Protecting Your Property with Bulkheads • Grading and Drainage • Enhancing Pool Chemical Safety & Reducing Liability: The Imperative of Automated Pool Management ....and more

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The Community Associations Institute New Jersey chapter would like to thank its 2024 Ultimate Partners below. For more information on our sponsorships, please contact CAI-NJ at 609-588-0030 or info@cainj.org.

THANK YOU FOR YOUR SUPPORT!

MARCH 2024

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS 13 Water, Water Everywhere but Liability is Not Always What You Think By Damon M. Kress, Esq. McGovern Legal Services, LLC 18 Shore Thing — Protecting Your Property with Bulkheads By Nika Postnikov Morris Engineering, LLC 30 Grading and Drainage By David Kiessling, EBP PS&S, LLC 34 Enhancing Pool Chemical Safety & Reducing Liability: The Imperative of Automated Pool Management By Sean Johnson and Kimberly Dempsey Amenity Collective 42 Management Trends — A Community Association’s Manager’s Role in Storm Water Management By Vincent Rapolla, PCAM, AMS Taylor Management Company, AAMC, AMO 18 13

EXTRAS President’s Corner

Looking Ahead

CAI-NJ Upcoming Events

Legislative Update

Your Voice is Key with NJ-LAC & CA-PAC

Joint Best Practice Roundtable — For Homeowner Leaders, Managers and Business Partners — Save the Date

Dennis R. Casale Memorial Golf Outing Dinner Registration

2024 CAI-NJ Recruiter Club Challenge

2024 Annual Awards Celebration Recap & Photos

F.A.S.T. Olympics — Save the Date

Conquer + Connect Registration

Conquer + Connect Schedule

PAC the Haus — Networking Event Registration

New Members

2024 CAI-NJ Conference & Expo — Save the Date

Conference & Expo Education Speaker Proposals

2024 Ultimate Partner Listings

APRIL 2024

CAI-NJ BOARD OF DIRECTORS

EXECUTIVE COMMITTEE

VICE PRESIDENT RYAN FLEMING, CIRMS, EBP JGS INSURANCE, A BALDWIN RISK PARTNER

PRESIDENT ELECT STEVEN MLENAK, ESQ. GREENBAUM, ROWE, SMITH & DAVIS, LLP

PRESIDENT CHRISTOPHER NICOSIA, CMCA, AMS, PCAM RCP MANAGEMENT COMPANY, AAMC, AMO

SECRETARY MARY BARRETT, ESQ. STARK & STARK, ATTORNEYS AT LAW

TREASURER JOSEPH CHORBA, CPA WilkinGuttenplan

BOARD MEMBERS

Michael Flippin, CMCA, AMS, PCAM Integra Management Corp., AAMC Community Association Manager Charles Lavine Homeowner Leader Tony Nardone, MBA, PCAM Corner Property Management, LLC, AAMC Community Association Manager

Carol Nickerson, CMCA FirstService Residential, AAMC Community Association Manager Cheryl Rhine, CIC, CIRMS, EBP USI Insurance Services Business Partner Robert Travis, CIRMS Long Beach Commons 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 Tony Nardone, MBA, PCAM Corner Property Management, LLC, AAMC

APRIL 2024

PRESIDENT’S CORNER Christopher Nicosia, MM, CMCA, AMS, PCAM 2024 CAI-NJ PRESIDENT RCP MANAGEMENT COMPANY, AAMC, AMO

CAI-NJ TEAM

H appy Spring, CAI-NJ Members! We are finally seeing signs of spring with warmer temperatures and signs of budding flowers and trees in Southern NJ! How timely it is that our issue of Community Trends ® this month is focused on all things water. April showers bring May flowers, as they say. In our industry, that also means the potential for roof leaks, pond maintenance, drainage projects, preventative maintenance programs, and the list goes on. With the new Structural Integrity and Mandatory Reserve Funding Law now in effect in New Jersey, this time of year presents a perfect opportunity to start looking at those important preventative maintenance projects that help to ensure your commu nity’s capital components reach their full useful lives and water (among other things)

ANGELA KAVANAUGH CHAPTER EXECUTIVE DIRECTOR ANGELA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, CONFERENCE & EVENTS JACLYN@CAINJ.ORG ROBIN SURGENT DIRECTOR, MEMBERSHIP DEVELOPMENT ROBIN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS COMMUNICATIONS MANAGER BROOKE@CAINJ.ORG JOCELYN GARLOCK PROGRAMS & EVENTS COORDINATOR JOCELYN@CAINJ.ORG

does not cause damage to your community’s infrastruc ture. Here are a few areas to focus on as you review your plans for spring maintenance: • When it comes to roofs,

“Here are a few areas to focus on as you review your plans for spring maintenance...”

Contact CAI-NJ

ensure that plumbing and vent boots are not cracked, flashings are not damaged (the ones you can see), gutters are cleaned, and fascia trim is secure. • For building envelopes, focus on brick pointing, caulking around windows and doors, repairing cracked pieces of siding, and taking steps to prevent water from ponding around building foundations to ensure building structural components reach maximum useful life. For mid and high-rise condominiums and co-ops, take a look at parking garages for rust development on structural steel to determine if water is negatively impacting your infrastructure. • Sealcoating of roadways, parking areas, and driveways is another project to look at that can help asphalt reach its useful life expectancy by filling cracks to prevent water infiltration as well as blocking chemicals like engine oil and antifreeze from degrading pavement surfaces. Each community is unique in its infrastructure and the list above is in no way exhaustive, but all common-interest communities (CICs) have a need to prevent water damage through regular maintenance. The articles in this month’s issue will provide some important information and guidance and I encourage you to take some time to read them. Our business partner and management professional members are industry leaders eager to provide guidance on best practices to ensure NJ’s community associations are well maintained now and into the future.

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

CONTINUES ON PAGE 49

CAI-NJ

APRIL 2024

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

I t is Spring, the season when the New Jersey chapter of CAI begins to move the events outdoors, with the prom ise that there will be many. Here is what is planned for you to kick off the season. Let’s look forward to Spring at CAI-NJ! Conquer + Connect on Tuesday, April 16th at the Imperia in Somerset. Presented by the CAI-NJ Women’s Leadership Committee, a full day event with sessions cho sen to empower you to stand out as business leaders in our industry. All members, community association managers, board members and business partners, are welcome to attend. In addition to the educational sessions, this also guarantees to be an excellent networking opportunity. I hope that you join us and take advantage of all that this event offers, while earning 5 CEUs and learning from lead ing women in our industry. PAC the Haus on Wednesday, May 15th at the Beach Haus Brewery in Belmar. With all the recent leg islation, this is your opportunity to discuss those changes with members of our CAI-NJ Award Winning New Jersey Legislative Action Committee (NJ-LAC) and network with your peers while supporting the hard work and dedication of the Political Action Committee (CA-PAC). Your support helps to get legislation affecting those living in common interest communities throughout New Jersey passed into law. Join us at our largest CA-PAC event of the year! Conference & Expo Booths, Sponsorship and Speaking opportunities, will be available this month. Exhibitor booths sell out quickly. If you want to secure a booth for this year’s tradeshow, check the Conference & Expo page for the booth release schedule. Exhibitors, you will also have the opportunity to increase your exposure at

our biggest event of the year, with over 1,000 attendees, by taking advantage of the event sponsorships. We are also looking for members to share their industry knowledge at the event seminars. Requests for proposals are now open. To accommodate the growing number of exhibitors and attendees, this year’s Conference & Expo has moved to the New Jersey Convention and Exposition Center in Edison, so mark your calendars for Thursday October 17th and secure your booth before they are gone! “To accommodate the growing number of exhibitors and attendees, this year’s Conference & Expo has moved to the For further information and to register for all our upcoming programs, please visit, https://cainj.org/network-events/ for networking events and, https://cainj.org/education-events/, for educational programs. I hope everyone can enjoy this Spring, the season to get back to outside dining, taking in a local baseball game, going on a bike ride for a new adventure, hiking, camping, or even flying a kite. Whatever your fun outdoor activities may be, I promise that you will enjoy them and please check the CAI-NJ calendar on page 7 and digitally at https://cainj.org/events/, for all the outdoor events that we have planned for you! Enjoy and I hope to see you at our upcoming events! n New Jersey Convention and Exposition Center in Edison...”

APRIL 2024

CALENDAR 2024 Events & Education

APRIL

AUGUST

9 16

7 15

Mediation (ADR) Training Taylor Management Company, AAMC, AMO, Whippany

Community Conversations Live Virtual

Conquer + Connect The Imperia, Somerset

Ultimate Event - Jersey Shore BlueClaws ShoreTown Ballpark, Lakewood

MAY

SEPTEMBER Beach Party

2 15

12 25

Best Practices Roundtable Discussion Concordia Homeowners Association, Monroe Twp.

Martell’s Tiki Bar, Pt. Pleasant

PAC the Haus Beach Haus Brewery, Belmar

Wednesday Webinar - Complying with Radburn Practically & Realistically Virtual

JUNE

F.A.S.T. Kickball Tournament Mercer County Park, Princeton Junction

12 18 25

Community Conversations Live Virtual

OCTOBER

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

16 17

Conference Kick-Off Sheraton, Edison

New Member Open House CAI-NJ Headquarters, Freehold

Annual Conference & Expo New Jersey Convention & Exposition Center, Edison

JULY

NOVEMBER

F.A.S.T. Olympics Thompson Park, Monroe Twp. 10

Community Conversations Live Virtual

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 continuing with its all hands-on deck education efforts with regard to the structural integrity and reserve funding legislation (S2760) that was signed into law in January. We had a well-attended “Lunch with LAC” where we covered that law, some employment law updates, and the Corporate Transparency Act (“CTA”). Speaking of the CTA, you may recall that this law would theoretically require most associations (and approximately 32 million other small businesses) to register the names, addresses, and personal identifying information of offi cers and directors with the Financial Crimes Enforcement Network (“FinCEN”) division of the Department of the Treasury by the end of the year. On March 1, 2024, the U.S. District Court in the Northern District of Alabama ruled that the CTA was uncon stitutional in the case National Small Business Association v. Yellen, Case No. 5:22-cv-1448-LCB. However, FinCEN has interpreted the ruling as only applying to members of the National Small Business Association as of March 1, 2024, and has appealed the ruling. Therefore, for associations formed prior to January 1, 2024 (which must register by the end of 2024), it may make sense to take a wait and see approach to registration pending further developments. Additionally, the LAC wanted to inform you of a recent decision of the New Jersey Supreme Court in a case enti tled Players Place II Condominium Association, Inc. v. K.P., A-60/61(088139). In this case, the Supreme Court of New Jersey laid out the framework for evaluating a request for a reasonable accommodation (in particular, for an emotional support animal (ESA)) under the New Jersey Law Against Discrimination. The Court held that: We hold that requests for reasonable accommodations like the one here should be assessed under the following

framework: Individuals who seek an accommodation must show that they have a disability under the LAD and demonstrate that the requested accommodation may be necessary to afford them an “equal opportunity to use and enjoy a dwelling.” Housing providers then have the burden to prove the requested accommodation is unreasonable. During that process, both sides should engage in a good faith, interactive dialogue. In the end, if the parties cannot resolve the request, courts may be called on to balance the need for, and benefits of, the requested accommodation “On March 1, 2024, the U.S. District Court in the Northern District of Alabama ruled that the CTA was unconstitutional...” against the cost and administrative burdens it presents. Judges will then be able to determine whether the accom modation is reasonable under the LAD. In addition to essentially confirming that the evaluation of an accommodation request under the LAD is the same as under the Fair Housing Act (“FHA”), the Court made several additional important points: 1. The LAD defines disability more broadly than the FHA. 2. The Supreme Court noted that guidance issued by the New Jersey Division of Civil Rights and the fed eral department of Housing and Urban Development (“HUD”) were persuasive authority. 3. The LAD does not require that the person requesting an emotional support animal have a prescription from a doctor. CONTINUES ON PAGE 54

APRIL 2024

2024 CAI-NJ COMMITTEES

AWARDS Lila Khiry Cirillo — Chair Kim Dempsey — Vice Chair Liz Bonafide Jeanine Clark, Esq. Drew Cowley Lindsay Cupples, EBP Michelle Gadaleta Kristin Guinan Nick Haralambopoulous, CPA Christine Maldonado Matthew Manley Newlin Peng Kari Prout, CMCA Eileen Szelewicki, CMCA Mary Visco Board Liaisons: Steve Mlenak, Esq. Chris Nicosia, CMCA, AMS, PCAM Staff Liaisons: Jaclyn Oskierko BUSINESS PARTNER Mike Luzzi, CPIA, EBP — Chair Theresa Beckett, EBP — Vice Chair Jack Benson Jason Ciavarro

EDITORIAL Drew Podolski, Esq. — Chair Casey Noon — Vice Chair Robert Arnone, MSRE, CMCA, AMS Ben Basch, EBP David Cerqueira, Esq. David Dockery, Esq. Damon Kress, Esq. Nicole Martone, CMCA, AMS, PCAM Michael Mezzo, CPA Steven Morris, RS Andrew Newman, CMCA, AMS Board Liaisons: Mary Barrett, Esq. Carol Nickerson, CMCA Staff Liaison: Brooke Stoppiello-Nevins EVENTS Diane Cody, CMCA, PCAM — Chair Randy Vogel — Vice Chair

GOLF OUTING Lisa Komitor — Chair Jasmin Shelton — Vice Chair Doug Andersen Chris Belkot Harold Berlowe, CMCA Lorenzo Cullari, AICP Marty Ehrlich Chris Fernandes Donna Fiore, CMCA Keith Giliberti, PE, RS, EBP Fred Hodge, EBP Sal Iozzia Hank Johns, EBP Cathy Mango, EBP Karl Meth, Esq. Paul Migliore Matt Pfister Mike Polulak, Esq. David Shahrabani, EBP Jodi Smallwood Michael Sturchio Ryan Weiner Charles Witczak, III, PE, PP, PLS Paul Wojciechowski Board Liaisons: Michael Flippin, CMCA, AMS, PCAM Tony Nardone, MBA, PCAM Staff Liaisons: Jaclyn Oskierko HOMEOWNER LEADER Lois Gerber — Chair Bruce Blum — Vice Chair Joseph Branciforte Roslyn Brodsky Barbara Finn, CMCA Charles Fredericks Carl Kentzel Thomas Krieger

MANAGER Chuck Graziano, PCAM — Chair Mariaellen Varelis — Vice Chair Antoinette Hutchinson Richard Mattalian, CMCA, AMS, PCAM Erin O'Reilly, CMCA, AMS, PCAM Dan Penix, CMCA Vince Rapolla, AMS, PCAM Christopher Spagnuolo Erin Spiliotopoulos, CMCA, AMS Barbara Strubel, CMCA Elaine Warga-Murray, CMCA, AMS, PCAM Board Liaisons: Michael Flippin, CMCA, AMS, PCAM Carol Nickerson, CMCA

Staff Liaisons: Jaclyn Oskierko Robin Surgent MEMBERSHIP Tara Baldwin, CPA — Chair Ken Shah — Vice Chair Lysa Bergenfeld, Esq. Jeffrey Cuevas Megan Brazil, EBP Nichole Gist Melissa Lloyd, CMCA, AMS

Nicole Ancona Michael Blaney Stacey Bishara, CMCA, AMS Tim Bruchez

Dean Catanzarite Justine DelVecchio

Mary DeNone Frank Fasolo

Kim Manicone, EBP Francisco Marcucci Mark Mojares Kathleen Radler Brent Rivenburgh, AAI Steve Roderick, EBP

Joe Cunningham Glenn Fedale, Sr. Carrie Fusella Dave Kiessling, RS, EBP Richard Lang, EBP Jim Laurie Toni Licciardi, EBP Christopher Lugara Fran McGovern, Esq. David McNamara Chris Merkler Donna Meyer, EBP Jonathan Moscou John Prisco, Esq., EBP

Anthony Gjergji Maria Mikowski Debbie Pasquariello, CIC, CIRMS, EBP Alexandra Pollera Lyly Ton Melissa Volet, Esq. Jill Zulin Board Liaisons: Charles Lavine Tony Nardone, MBA, PCAM Staff Liaisons: Jaclyn Oskierko F.A.S.T. Jessica Long — Chair Eric Eggert, CIC, CIRMS, EBP — Vice Chair Adara Azeez Chelsea Brodmerkel Rebecca Gavin Steven Kuhnert Mary Ellen Liberatore Will Meola Marian Miawad, Esq. Nicole Miller, Esq. Kristina Munson, CMCA, AMS, PCAM, CPM Jen O’Brien Jose Romero, EBP Dharmi Shah Peter Shine, EBP Jimmy Stovall Lauren Vadenais, EBP Michael Vargetto Kristy Winchock, EBP CJ Witczak Board Liaisons: Michael Flippin, CMCA, AMS, PCAM Cheryl Rhine, CIC, CIRMS, EBP Staff Liaisons: Brooke Stoppiello-Nevins Robin Surgent Jonathan Cairone Melanie Donnoli Kristi Evans Shelby Evans, CPA, EBP

Mark Ruggio Michael Ryan Larry Sauer, CPM, CMCA, PCAM

Denise Schiera Ryan Trembley Michael Willner, Esq.

Marc Wolfskehl Board Liaisons: Joe Chorba, CPA

Richard Lans Cheryl Palent Board Liaisons: Charles Lavine Bob Travis

Ross Rutman, EBP Herman Shaugger David Velasco, EBP Gregory Vinogradsky, Esq., EBP

Charles Lavine Staff Liaisons: Robin Surgent WOMENS LEADERSHIP

Board Liaisons: Joe Chorba, CPA Ryan Fleming, 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 Mohammed Salyani, CPA — Treasurer Elizabeth Comando, CMCA, PCAM — PAC President Andrew Podolski, Esq. — PAC Vice President James Rademacher, EBP — PAC Committee Jennifer Alexander, Esq. Roslyn Brodsky Barbara Drummond, CMCA, PCAM

Jamie Cullen-DeVries, CMCA, AMS — Chair Linda Courain, CMCA, AMS — Vice Chair Jennifer Carr Alexis Dairman, Esq. Beth Duffy, CMCA Kimberly Finno Patricia Foltanski Jessica Kizmann, CPA Lirelle Klein Elizabeth Maltais Jessica Marvel, EBP Kristin Marzarella-Amato Shannon McCormick

Staff Liaisons: Jaclyn Oskierko Robin Surgent CONFERENCE & EXPO Shelia Adams, CMCA, AMS — Chair John Echelmeier — Vice Chair Tom Anzalone Brian Aubrey, PCAM

Martin Bahner Michael Blaney Joe Bonafede Jay Burak Jordan Burkhalter, CPA John Desien Ellen Comiski, CMCA Marty Conway

Rachel Neves Anita Rothery Nikki Schillaci, EBP Board Liaisons: Mary Barrett, Esq. Cheryl Rhine, CIC, CIRMS, EBP

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

Anthony Dellanno Saher Gouda, EBP James Kiernan George Caso Martinez Jerome Quagliozzi Holly Teufel, CMCA, AMS Board Liaisons: Ryan Fleming, EBP Chris Nicosia, CMCA, AMS, PCAM

Staff Liaisons: Jaclyn Oskierko Robin Surgent

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

Staff Liaisons: Jaclyn Oskierko

APRIL 2024

CAI-NJ 2024 PARTNERS

Alliance Association Bank Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Becker BELFOR Property Restoration Brown & Brown Insurance of Lehigh Valley Clearview Washing, LLC Corner Property Management, LLC, AAMC Denali Property Management, Inc. The Falcon Group FWH Associates, P.A.

GAF Hill Wallack LLP Kipcon Inc. McGovern Legal Services, LLC PS&S, LLC Professional Restoration Services, LLC DBA PuroClean of Hoboken Rezkom Enterprises, Inc. Sweeping Corp. of America (SCA) Taylor Management Company, AAMC, AMO Technocality, Inc. USI Insurance Services WilkinGuttenplan

National Contractors, Inc. National Cooperative Bank O & S Associates, Inc. Parallel Architectural Group Pardini R. Construction Corporation

Accent Group Access Property Management, AAMC, AMO Acrisure Adamas Building Services All County Exteriors Amco Pest Solutions, Inc. Anchor Pest Control Apex Air Duct Cleaning & Chimney Services Becht Engineering BT, Inc. Buckalew Frizzell & Crevina LLP Capital One CCA, Construction Consulting Associates, LLC CertaPro Painters of Central & Lower Bucks

FirstService Residential, AAMC Garden State Pavement Solutions Giordano, Halleran & Ciesla Homestead Management Services, Inc. Hueston McNulty, P.C. L.N. Rothberg & Son, Inc. Landscape Maintenance Services, Inc. Lemus Construction, Inc. MyPropertyBilling.com SmartStreet Powered by BANC of California Cowleys Pest Services Cutolo Barros, LLC Environmental Designers Irrigation, Inc First Onsite FloodCo USA Greenbaum, Rowe, Smith & Davis LLP Griffin Alexander, P.C. Guardian Service Industries, Inc. Innovative Pressure Cleaning IronRock Security The Jesan Companies JGS Insurance, a Baldwin Risk Partner KPI2 Enterprises, Inc. Mackoul Risk Solutions, LLC Morris Engineering, LLC

Popular Association Banking Quality 1st Contracting, Inc. Rainbow G & J Painting, LLC Regal Restoration USA

Republic Services of New Jersey, LLC Servpro of Howell, Wall, Spring Lake, Asbury Park Stark & Stark Attorneys at Law Valley Bank Wilkin Management Group, Inc.

Accurate Reconstruction APC Hospitality, LLC AR Management Company Association Advisors NJ Association Reserves BlueSky Restoration Contractors LLC Core Maintenance Construction Down to Earth Landscaping, Inc. Felsen Insurance Services First Citizens Bank

Preferred Community Management Services, Inc., AAMC Radom & Wetter Renda Roads, Inc. Servpro Team Fox Snowscapes South Shore Construction, LLC STAR Building Services Towne & Country Management

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!

PLEASE NOTE: Sorry, CA-PAC cannot accept credit cards. Please make your CORPORATE or PERSONAL CHECK payable and mail to: CA-PAC, 500 Harding Road, Freehold, NJ 07728

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:_____________________________________________________________________________________________________ Mailing Address:______________________________________________________________________________________________________ City, State, ZIP:______________________________________________________________________________________________________ Phone:_________________________________________________________Fax: ________________________________________________ Email:________________________________ Occupation:______________________ Employer:_____________________________________ Employer Address:___________________________________________________________________________________________________ City, State, ZIP:______________________________________________________________________________________________________

Sorry, CA-PAC cannot accept credit cards. Please make your CORPORATE or PERSONAL CHECK payable and mail to: CA-PAC, 500 Harding Road, Freehold, NJ 07728

Management Company Name: _________________________________________ (Community Association’s Only)

DO NOT INCLUDE MY NAME OR COMPANY ON THE LIST OF CA-PAC CONTRIBUTORS

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

Water, Water Everywhere but Liability is Not Always What You Think By Damon M. Kress, Esq., McGovern Legal Services, LLC

“When flooding damages a resident’s home or property disputes can arise...”

E xtreme weather events are becoming much more frequent, and much more intense. The torrential rains accompanying these storms can cause a community to flood. When flooding damages a resident’s home or property disputes can arise over whether the association must compensate the resident for their losses. Thankfully, the Appellate Division’s unpublished decision in Society Hill at University Heights Condominium Association, III, Inc. v. Sloan, 2023 WL 3487069 (App. Div. 2023) (“Society Hill”) provides valuable guidance regarding how the courts evaluate liability in these types of losses. In Society Hill, the Plaintiff, Lucy Sloan owned a con dominium in a community in Newark, New Jersey. Ms. Sloan’s unit had two stories, but the entrance to the first floor was constructed a few feet below the sidewalk outside. Over the years, during heavy rainstorms, an apparent problem with the City’s stormwater manage ment system adjacent to the community began causing

stormwater to back up around Ms. Sloan’s unit. The stormwater eventually flooded the first floor of Ms. Sloan’s unit several times through the front door because it was below grade. Ms. Sloan complained to the association about the flooding, and the association took certain steps to try to stop the flooding into her unit, but none of the associa tion’s efforts were successful. The contractor the associa tion hired to investigate the flooding even suggested that the City’s storm sewer piping near the community was too small to manage the volume of water generated by the increasingly severe weather events. Frustrated by the association’s inability to stop the flooding, Mr. Sloan eventually stopped paying her monthly maintenance fees, and began depositing the money into an escrow account instead. When the association eventually sued Ms. Sloan for the unpaid assessments, Ms. Sloan responded to the lawsuit by counter-suing the associa tion for the flooding damage. CONTINUES ON PAGE 14

klyaksun/iStock/Getty Images Plus

APRIL 2024

WATER, WATER EVERYWHERE... from page 13.

the given time period. In other instances, even if the storm does not exceed the system’s design capacity, the system might not be functioning at maximum capacity if the storm water system has not been maintained properly. Finally, in certain instances, problems with stormwater management systems outside the community either cause water to flood CONTINUES ON PAGE 16 “...the resident must prove that the association’s actions, or failure to act as required, caused the flooding and damage to the resident’s property.” ciation had been making efforts to mitigate the flooding into Ms. Sloan’s unit. There can be many reasons why an association’s stormwater management system cannot keep up with the demands of a particular storm. In certain instances, the amount of rainfall within the community in a given amount of time exceeds the system’s “design capacity”, which is generally defined as the maximum amount of water the original designer expected the system to manage during

The Appellate Division ultimately rejected Ms. Sloan’s request to hold the association automatically responsible for her losses, under a legal theory called res ipsa loquitur. The Appellate Division rejected the claim because Ms. Sloan was not able to prove what was causing the flood ing in the community, or that the association had exclusive control over what was causing the flooding. However, the Appellate Division remanded the matter to the Trial Court, and directed the Trial Judge to make additional findings of fact, and conclusions of law regarding whether the association’s failure to modify the common elements to prevent additional flooding into Ms. Sloan’s unit violat ed the association’s maintenance obligations under the bylaws and the Condominium Act, or the association’s fiduciary duty to Ms. Sloan and the other unit owners. On remand, the Trial Court ultimately held that the association had not violated the bylaws, the Condominium Act, or the association’s fiduciary obligations because the asso

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APRIL 2024

BEST PRACTICES ROUNDTABLE FOR HOMEOWNER LEADERS, MANAGERS & BUSINESS PARTNERS JOINT THURSDAY, MAY 2, 2024

BREAKFAST 9:00 AM - 10:00 AM EDUCATION 10:00 AM TO 12:00 PM

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APRIL 2024

WATER, WATER EVERYWHERE... from page 14.

Associations: Are You in Compliance with New Jersey Law? CAI-NJ is proud to offer members Alternative Dispute Resolution (ADR) Mediation Services This program is an alternative to litigation, as mandated by state law. This service includes negotiation and mediation with a neutral party, and is offered to community associations. Use our trained mediators to quickly and economically resolve your dispute. Examples of disputes covered are: • Parking • Pets • Noise • Rules Violations • Maintenance Problems CAI Member’s Only: $400.00 For information on CAI-NJ’s ADR Program, please contact us at: Phone: (609) 588-0030 • Email: adr@cainj.org

into the community, or prevent the stormwater collected within the community from leaving fast enough. Whatever the cause, the Appellate Division’s decision in Society Hill makes it clear that when a resident’s home or property is damaged when the community floods, in order to recover from the association the resident must prove that the association’s actions, or failure to act as required, caused the flooding and damage to the resident’s property. Although the decision in Society Hill is “unpublished”, meaning the deci sion will not bind or control any other court in future cases, the decision provides valuable guidance for both associa tions and residents regarding how the courts will address a resident’s claims when flooding across the common elements damage the resident’s home or property. Litigation is expen sive, time consuming, and stressful for everyone involved. For those reasons, residents and associations would both be wise to learn from the Appellate Division’s analysis in Society Hill before bringing or defending what are likely to be unsuccess ful claims regarding flooding damage in the community. n

We’re excited to custom build an insurance solution that’s just right for your community. Our community association specialists can help you meet your governance needs. Together, we can put your worries to rest. Acrisure is a leading insurance broker and consultant that provides employee benefits, property and casualty, retirement and individual private client solutions through our licensed subsidiaries and affiliates. Our expertise is matched only by our local presence and personal commitment to each client’s goals. Local Offices in New Jersey

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APRIL 2024

ELEVATE YOUR COMMUNITY WITH AT ARTHUR EDWARDS INC., WE'VE DEDICATED OURSELVES TO COMMUNITY ASSOCIATION MANAGEMENT FOR OVER 39 YEARS. OUR COMMITMENT ISN'T JUST IN OUR YEARS OF EXPERIENCE; IT'S IN OUR DEDICATION TO SERVING YOUR COMMUNITY WITH UNPARALLELED EXCELLENCE. ARTHUR EDWARDS, INC.

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SHORE THING Protecting Your Property with Bulkheads By Nika Postnikov, Morris Engineering, LLC

L iving on the waterfront is a dream for most people but can quickly turn into a nightmare if your property is not adequately protected. Bulkheads, vertical struc tures built along shorelines, can be essential for keeping waterfront communities safe and preserving property value. Bulkhead failures cannot only cause the loss of land but can undermine and damage adjacent building structures. A bulkhead failure at a New Jersey condominium a few years ago destroyed not only the adjacent docks and fencing but also the building’s deck structures, sweeping some of the decks into the bay. Use this article to enhance your under standing of your bulkheads and maintenance needs so you can avoid this happening to your community! Often confused with seawalls, whose primary purpose is to protect against waves, bulkheads mainly serve to retain the soil abutting the water and prevent the land from sliding into it. While commonly associated with coastal zones, bulkheads are also used in freshwater lakes, wetlands, flood

hazard areas, and riparian lands. These structures are typical ly constructed from steel, wood and/or plastic composites. Bulkheads are typically composed of a network of compo nents that rely on their combined strength and interaction with the soil behind the wall to reinforce the shoreline. The service life of any given bulkhead will vary greatly and is impacted by many factors, from the wall material and embedment to the native soil properties to the preventative maintenance that it receives. What’s in a Bulkhead? To understand the maintenance needs of your bulkhead, familiarize yourself with these typical bulkhead components you may encounter: • Sheeting Depending on its material, the surface that forms the bulk head wall can be referred to as wall panels, sheet piling, or sheeting. The sheeting is embedded in the earth, with weep CONTINUES ON PAGE 20

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APRIL 2024

Dinner Only Registration Form

Tuesday, June 18, 2024 Forsgate Country Club

375 Forsgate Drive | Monroe Twp., NJ Cocktails at 6:00 pm| Dinner at 7:00 pm

DINNER ONLY REGISTRATION FORM 1. Name ________________________________________ Company Name _______________________________ Address ________________________________________ City, State, Zip __________________________________ Phone _________________________________________ Email ________________________________________ 2. Name _______________________________________ Email ________________________________________ 3. Name _______________________________________ Email ________________________________________ 4. Name _______________________________________ Email ________________________________________

Dinner/Cocktail Hr.

$125.00 per person

Total: ________________ Pay by check: Mail completed form and check payment to: CAI-NJ, Attn: Golf Outing 500 Harding Rd., Freehold, NJ 07728 Pay by credit card: Please call the CAI-NJ Office at 609-588-0030 to process your credit card. By registering for a CAI-NJ event, the registrant acknowledges that they are responsible to pay the full registration fee at the time of registration. Registrations will not be processed until all previous outstanding balances are paid in full. Cancellations must be made by June 10, 2024 for a refund to be provided. Swaps can be made at any time.

Presented By

FOR MORE INFORMATION CONTACT EVENTS@CAINJ.ORG OR 609-588-0030

PLEASE NOTE: By registering for this CAI-NJ event, you are agreeing to our COVID Release Waiver.

CAI-NJ advises that for training, marketing or other purposes, this event may be recorded, videotaped and/or photographed. By attending this event, the registrant(s) consents to the use of his/her image by CAI-NJ and agrees to waive any claim for the use of his/her image, including without limitation, the appropriation of his/her image for commercial purposes or the invasion of his or her privacy.

HOVER YOUR PHONE CAMERA OVER THE

QR CODE FOR COVID WAIVER

SHORE THING... from page 18.

holes through the face to prevent water from being trapped behind the wall. The sheeting can be backed with filter fabric to prevent soil from washing through the weep holes. • Soldier Pile Soldier Piles act as the primary structural element of the bulkhead wall that supports the sheeting and keeps it plumb. The bottom of the piles are shielded by a berm, earth formed at the bottom of the body of water, to protect the “toe” of the bulkhead. • Walers Walers are horizontal structural members attached to the soldier piles that help reinforce the sheeting. • Tie Rod Tie rods help keep the vertical sheeting stable by anchoring the bulkhead wall structure to the anchor piles further inland. • Anchor Pile Also referred to as deadman piles, anchor piles are

embedded in the soil, back from the face of the bulkhead, to provide the necessary resistance to prevent the bulkhead wall from overturning. • Trench Drain At the top of the bulkhead wall on the soil side, there is often a trench drain installed to control surface runoff CONTINUES ON PAGE 22

COMMUNITY ASSOCIATION BANKING Your experts in the HOA industry.

With First Citizens Community Association Banking, formerly part of the bank’s CIT division, you can count on continued service from the experts you know. And as one of the nation’s top 20 banks, we offer market-leading products matched with innovation and award-winning 1 technology to help you grow your business. Your community association management company deserves no less than a financial provider that can bring you the scale, service and capabilities you need to stay ahead.

Nicole Skaro, VP, Regional Account Executive nicole.skaro@firstcitizens.com | 908-524-8741

firstcitizens.com

APRIL 2024

SHORE THING... from page 20.

NEW JERSEY – NOW REQUIRING RESERVE STUDIES

behind the wall which can cause soil erosion. The trench contains drainage fill and is also lined with filter fabric. • Plantings Specific plantings can be installed to help reinforce the soil behind the bulkhead wall. • Top Cap The top cap anchors the bulkhead wall components together and keeps them aligned. All these components require inspec tion and maintenance to ensure the integrity and longevity of the bulk head. But what are some examples of problems to look out for and what can be done? Navigating Bulkhead Issues Look out for some common issues affecting bulkheads and consult your engineer for appropriate repairs. • Oxidation/Corrosion Particularly when exposed to saltwa ter, components of the bulkhead can corrode and deteriorate. Components such as tie rods frequently break due to corrosion, losing the important lateral stability provided by the anchor piles. A corrosive environment can also wreak havoc on steel sheeting which can rust, crack, and eventually break. What to do: - Regularly inspect components sus ceptible to corrosion, especially tie rods and steel sheeting. Replace components affected by loss of integrity. • Water Pressure Bulkheads must resist hydrostatic pres

FULL ENGAGEMENT. DETAILED UNDERSTANDING. ONGOING SUPPORT. Our property wellness experts and easy-to-understand reserve studies empower boards with accurate budget and action plans that support their community’s physical and financial well-being today and into the future.

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We’ve Got Your Community Covered Insurance and Risk Management Solutions for CAI Members USI’s Community Association Specialists combine proprietary analytics, broad experience and national resources to custom-fit an insurance and risk management plan that meets your needs. For decades, our team has provided the solutions and services that CAI members count on to protect their communities. We’d like to do the same for you.

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USI Insurance Services 1433 Hooper Ave., Suite 110

Toms River, NJ 08753 732.349.2100 | usi.com

CONTINUES ON PAGE 24

APRIL 2024