CAI-NJ Aug. 2019(w)

Community Trends ® August 2019 Pets!

© iStockphoto.com

In This Issue

• You Can’t Roll Over and Play DeadWhen Planning for a Dog Park • Temple of the Dog: Understanding “Assistance Animals” in CommunityAssociations • We’ve Stepped in It Now! • Why Have Your Dog atWork? ....and more

The Community Associations Institute New Jersey chapter would like to thank its 2019 Ultimate Partners below. For more information on our sponsorships, please contact Laura O’Connor at 609-588-0030 or laura@cainj.org.

T hank You Fo r You r Suppo r t !

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS

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You Can’t Roll Over and Play Dead When Planning for a Dog Park By Russ Fernandes, Becht Engineering, BT, Jennifer F. Lynch, CIC AAI, NFP Property & Casualty and Mary Barrett, Esq., Stark & Stark Temple of the Dog: Understanding “Assistance Animals” in Community Associations By Jonathan Katz, Esq. Hill Wallack LLP

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We’ve Stepped in it Now! By Richard B. Linderman, Esq. Ansell Grimm & Aaron, PC

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Why Have Your Dog at Work? By Mary Faith Nugiel, PCAM, ARM, CPM, RCP Management, AAMC, AMO

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Management Trends: Pets in the Millennial Century By Michelle Williams, CMCA, AMS Clearbrook Community Association, Taylor Management Company, AAMC, AMO

EXTRAS President's Corner

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5 6 7 8

Looking Ahead

CAI-NJ Upcoming Events

Legislative Update

CA-PAC “Dollar a Door” Campaign CAI-NJ Pet Contest Winners CAI-NJ Beach Party Registation

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2019 CAI-NJ Conference & Expo Registration Homeowner Leader Best Practices Roundtable Discussion and Cocktail Reception Registration

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Joint Manager & Business Partner Panel Discussion Registration 2020 Committee Application CAI-PAC 9 and Nosh Registration

41 42 45 46 47 54 55 60 61 64

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Get to Know...Industry Leaders with 5 Questions

CAI-NJ Legal Forum Registration

New Members

CAI Membership Application

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CAI-NJ Managers Leadership Workshop 2019 CAI-NJ Shoot the Cover Photo Contest

2019 Ultimate Partner Listings

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CAI-NJ LEADERSHIP BOARD OFFICERS

BOARD OF DIRECTORS Benjamin Basch American Pool Enterprises Business Partner

Donna Belkot Taylor Management Company, AAMC, AMO Community Association Manager Jean Bestafka Renaissance Homeowners Association Homeowner Leader

PRESIDENT MOHAMMED SALYANI, CPA WilkinGuttenplan

Bruce Kunz, CMCA Windmill Club Association Homeowner Leader

Deana Luchs Canal Walk Homeowners Association Homeowner Leader Tony Nardone, MBA, PCAM Corner Property Management Community Association Manager

VICE PRESIDENT LOREN LIGHTMAN, ESQ. HILL WALLACK LLP

PRESIDENT ELECT JENNIFER NEVINS, CMCA DW SMITH ASSOCIATES, LLC

Christopher Nicosia, CMCA, AMS, PCAM Prime Management, Inc., AAMC Community Association Manager

Lisa Vitiello, CPA Towne & Country Management, Inc. Community Association Manager

TREASURER JEFFREY LOGAN GUARDIAN SERVICE INDUSTRIES, INC.

SECRETARY MARK WETTER, ESQ. RADOM & WETTER

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

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

IMMEDIATE PAST PRESIDENT Lisa Vitiello, CPA Towne & Country Management, Inc.

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PRESIDENT’S CORNER

CAI-NJ STAFF

Mohammed Salyani, CPA CAI-NJ 2019 PRESIDENT WilkinGuttenplan

LARRY P. THOMAS, PCAM CHAPTER EXECUTIVE DIRECTOR LARRY@CAINJ.ORG ANGELA KAVANAUGH DIRECTOR, CONFERENCE & PROGRAMS ANGELA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, EVENTS & EDITORIAL JACLYN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS MANAGER, GRAPHIC DESIGN & MEMBER SERVICES BROOKE@CAINJ.ORG JENNIFER FARRELL ADMINISTRATIVE COORDINATOR JENNIFER@CAINJ.ORG

Dog Days of Summer

I cannot believe we are halfway through summer. It feels like I was just lament- ing about the snow yesterday! My year as president is going by fast and has been really exciting so far. We have started working with the Public Relations firm. Rizco, who by the way have become members of the chapter. If you see Debra at the next event, please stop and say hello. Rizco sent out a survey to all the members to see what you felt is important. This was the opportunity we gave to all the members to voice their thoughts/ideas/concerns. Unfortunately, we did not receive as many responses as we would have liked. That said, Rizco will work with what we have. July was an exciting month and from the pictures in this issue I am sure you will agree. The New Member Breakfast, Senior Summit and CA-PAC Annual Day at the Races were all huge successes. But nothing can beat the Annual Olympics. Maybe more for others than myself. If you’re wondering what I mean, take a look. Jokes aside, I had no problem being made into a “chicken” as it helped the FAST Committee raise a significant amount of money . I cannot wait to see the look on the faces of the people at The Make a Wish Foundation when we present the check. Moving on, make sure you read the articles in this month’s issue about pets. Mary Faith Nugiel’s article on bringing your dog to work is interesting. It shows the benefits but also highlights the matters to be considered. I wonder if anyone has ever taken a chicken to work? Who knew you had to take into consideration factors such as design, ground surface, insurance coverage and legal considerations when deciding to put in a dog park. The article by Russ Fernandes, Jennifer Lynch and Mary Barrett covers all those aspects and then some. A must read for communities with many pet owners. Of course, no discussion about pets is complete without the mention of waste matter and how to deal with. Richard Linderman’s article covers that and then some. By the way, Richard I’m glad you clarified you do not hate cats other- wise you and I would have needed to talk. Last, but by no means least, is Jonathan Katz’s article on Assistance Animals is a hot topic these days. This article is a must read for all communities. It reminded me of the one time someone tried to take a peacock on a plane claiming it was a sup- port animal. They may have gotten away with it if they had tried it with a chicken. Enjoy the rest of your summer and keep brining in those new members – we are so close to being number 2. 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

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Community Associations Institute - New Jersey Chapter

@cainewjersey

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LOOKING AHEAD LARRY THOMAS, PCAM | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

I hope that everyone is enjoying the summer that has finally arrived. I’ve never seen such a wet dismal June in all my years (and that’s a lot of years...). It seems that more and more, there are new or changing laws or mandates that affect our communities. Whether it be ESA’s (Actually, I haven’t heard the “Emotional Support Animal” term in some time) or new pool regulations or some newly introduced proposed bill that would turn our communities upside down, we need to have discussions to make sure we are ahead of these changes or societal trends. Which leads me to this issue’s theme, “Pets”. When I first started in the business the governance and control of animals living in a common interest community was fairly easy. Either you were not allowed to have any pets or the right to have an animal living with you was spelled out in the governing documents. This has definitely changed over the last decade. With the popularity of comfort and service animals, the lines between pets and their purpose sometimes get blurred. It makes sense for all our homeowner leader and manager members to review their documents to see how pets and other animals are addressed. I’ve seen the term “exotic” animals mentioned as well as specific species of animals (goats, sheep, chickens, etc.). I’ve seen size of pets as well as quantity of pets outlined as well. I suggest that with the popularity and easing of restrictions on pets in society, our communities need to look at their regulations concerning pets and come up with realistic guidelines concerning the ownership of an animal companion. Exactly what is an “exotic” animal. A good idea is to detail what this means. It is very common to go to any public venue or event and see an attendee accom- panied by a small dog. Does this mean we need to allow them in our clubhouses and common area recreational areas? That’s a great question for your board and legal counsel. And again, remember that there is a discrete distinction between comfort/service animals and pets. So,

“When I first started in the business the governance and control of animals living in a common interest community was fairly easy...This has definitely changed over the last decade.” A few wrap up notes, we recently held our mid-year “New Member Breakfast” on July 9 at Greenbriar at Whittingham community in Monroe Township. It was very well attended and it’s always great for me to meet face to face our new members. This event was presented by the Our Annual Olympics hosted by our F.A.S.T. committee raised a great deal of money to be donated to the New Jersey Make-A-Wish Foundation, stay tuned for our final donation amount! During the last week of June, we hosted our annual golf outing at Forsgate. The golf committee always does a great job organizing this event and we squeezed through the day without any rain (contrary to the weather reports). Please enjoy the rest of the summer and take advantage of all that our state has to offer. We have the best beaches in the world and there’s nothing like a Jersey tomato or a piece of Jersey corn or just a stroll on the boardwalk along with a massive slice of tomato pie (pizza)! n we all want to enjoy our homes as much as possible and to create a mutually pleasurable environment for all (or most of) our residents, it’s important to examine your pet policies and make sure they are somewhat parallel with what the rest of society is experiencing. membership committee. The membership committee also created a new program, called the “CAI-NJ Ambassador Program”. See attached picture.

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2019-2020

EVENTS & EDUCATION CALENDAR

August

October

6-7

Board Leadership Development Workshop CAI-NJ, Freehold

17 16

2019 Pre-Conference Networking Reception The Event Center @iPA, Freehold, 2019 CAI-NJ Annual Conference & Expo

8

Annual Beach Party Martell’s Tiki Bar, Point Pleasant

The Event Center @iPA, Freehold M-310: Management Company Administration Freehold

20 22

Lecture Series: Securing Your Community CAI-NJ, Freehold

17- 18

Meet & Greet Joint S.B.A. Event River Rock , Brick

November

September

5

Lecture Series - Pending National & State Legislation & the Physical & Financial Effects on our Community Associations CAI-NJ, Freehold

5-6

PCAM Case Study Cranbury

11

Managers Leadership Workshop Rossmoor Community Association, Monroe Twp.

DECEMBER

17 12

Legal Forum Stonebridge Community Association, Monroe Twp. Homeowner Leader Roundtable Buona Sera, Red Bank

4

Annual Meeting and Chapter Retreat Clearbrook Community Association, Monroe Twp.

24 25

FEBRUARY

Lecture Series CAI-NJ, Freehold

20

Annual Awards Celebration The Event Center @iPA, Freehold

Joint Manager & Business Partner Roundtable TBD

APRIL

23

Spring Break Party The Grand Marquis, Old Bridge

All Events Are Subjuect To Change

June

23

Dennis R. Casale Memorial Golf Outing Forsgate COuntry CLub, Monroe Twp.

LEGISLATIVE UPDATE

GEORGE GREATREX, ESQ. PARTNER, SHIVERS, GOSNAY & GREATREX, LLC LEGISLATIVE ACTION COMMITTEE CHAIR

I n early June of this year the New Jersey Department of Community Affairs (DCA) issued a set of new administra- tive regulations meant to interpret and apply the various elements of the Radburn election law, some of which are seriously flawed and will negatively impact New Jersey’s community associations. As you know, in 2017 the New Jersey legislature passed the “Radburn” law, which included various amendments to the Planned Real Estate Development Full Disclosure Act (PREDFDA) and Condo Acts as they relate to voting and elections in common interest communities, along with other association operational procedures. By law, the DCA must accept comments from stakeholders regarding these proposed regulations for a limited period of time expir- ing on August 2, 2019. You may access the full text of these proposed regulations at this web address: https://www.nj.gov/dca/divisions/codes/codreg/ pdf_rule_proposals/PRED_Election_Regs.pdf Your LAC has carefully reviewed and analyzed those proposed regulations and found that while some are helpful and acceptable, many are problematic and some downright unacceptable. The New Jersey Legislative Action Committee (NJ-LAC) has submitted a letter to the DCA out- lining our concerns with each of those many problematic and objectionable proposed regulations. You may access the full text of this 23-page letter at this web address: www.cainj.org For purposes of this column I have listed below some of those proposed regulations we see as the most problematic: ➣ Fines – Section 5:26-8.14 provides that DCA may fine any person who violates the regulations, including board members and managers! Fines can range from $50 to $50,000! ➣ Public Ballot Tallying – Section 5:26-8.9(h)(2) states that all ballots shall be publicly tallied and open to inspection by any member for a period of 90 days.

➣ All Votes Must be Anonymous Including Absentee and Proxy Ballots – Section 5:26-8.9(h) (3) mandates that all forms of votes be anonymous, which can create serious, practical election issues. ➣ Removal of Board Members by Petition – Section 5:26-8.11(d) allows automatic removal of one or more board members upon presentation of a petition signed by 51% of the members. ➣ No Binding Board Votes in Executive Session – Section 5:26-8.12(e)(2) mandates that matters that could have previously been voted on in executive ses- sion (e.g. pending litigation, matters of personal privacy, personnel matters, etc.) must now be voted on in a meet- ing open to the members. ➣ 7-Day Notice of Board Meeting with Agenda of All Items for Discussion and Action – Section 5:26-8.12(c)(3) requires posting of a notice of board meetings seven days in advance (current regula- tions provide for 48-hour advance posting) and fails to include current law that agendas must be posted only “to the extent known.” ➣ Associations with Affordable Housing Units Must Reserve a Board Seat for Affordable Owners – Section 5:26-8.10(a)(2) provides that when the bylaws do not set aside a board seat for affordable owners, the Association must amend its bylaws to provide for this. We expect the DCA will take time to review and consider the many comments it receives on this issue during the com- ment period and will eventually publish the final Radburn reg- ulations. We will keep you posted. If you wish to send your own comments to the DCA, you may send them to this email address at the DCA: geraldine.callahan@dca.nj.gov. On another important topic, it has come to our attention

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2019 CAI-NJ COMMITTEES

that a bill the LAC helped initiate and support is being misinterpreted by some, and their comments are making their way into local newspapers. I refer to S2425, a bill entitled “The New Jersey Common Interest Ownership Act”, which is intended to begin the process of consolidating into one omni- bus statute the various statutes existing within our state that address the various forms of common interest ownership existing here. This bill has already been overwhelmingly approved by the New Jersey Senate. The misinterpretation appears to center on the reference of taxation on common property within the bill. One writer of a letter to the editor of a local paper in Ocean County has mistakenly alleged that this bill advances “New Jersey’s war on its seniors” by permitting the state to tax an association’s common property. In fact, a review of the bill reveals just the opposite to be true. Section 46: 8E-4 of this bill provides that “each unit shall be separately taxed and assessed, and no separate tax or assessment may be rendered against common elements…”. The author’s motivation in sending that misleading letter to the editor is anyone’s guess, but the result was to stoke fear among those owning homes in common interest communi- ties, particularly seniors, a fear that is unfounded. If you have questions whether any pending legislation helps or hurts you and your neighbors, we invite you to first contact us here at CAI-NJ and the LAC…remember, YOU are our number one priority! See you here in the next issue of Community Trends ® …it’ll be the annu- al LAC issue chock full of important information! n

AWARDS COMMITTEE Gabby Grimes — Chair Eileen Szelewicki, CMCA — Vice Chair Neil Betoff

F.A.S.T. COMMITTEE Gabe Vitale — Chair Ashley Gray, CMCA — Vice Chair Matthew Antico

LEGISLATIVE ACTION COMMITTEE (LAC) George Greatrex, Esq. — Chair A. Christopher Florio, Esq. — Vice Chair

Joseph Chorba, CPA — Treasurer Michael Pesce, PCAM — Secretary Lisa Rayca, CMCA, AMS — CAI-PADELVAL, So. Jersey Liaison Elizabeth Comando, CMCA, PCAM Barbara Drummond, CMCA, PCAM

Jennifer Carr Rich Cassilli Drew Cowley Michelle Gadaleta Lila Khiry Steve Lang

Jessica Baker Angela Celeste Jamie Cullen, CMCA Eric Eggert Shelby Evans Brian Griffin Jessica Hatton Shaun Hynes Vincent Kazmierski Lila Khiry Steven Kuhnert Jessica Long

Matthew Earle, Esq. Vincent Hager, CIRMS Sue Howe, AMS, PCAM Steve Kroll Christine Li, Esq., CCAL James Magid, CMCA, PCAM, LSM Thomas Martin, Esq. Glen Masullo, CMCA, PCAM

Christine Maldonado Vanessa Nixon, Esq. Drew Podolski, Esq. Kari Prout Mary Visco Sandi Wiktor Board Liaisons: Jennifer Nevins, CMCA Lisa Vitiello, CPA Staff Liaison: Jaclyn Oskierko BUSINESS PARTNER COMMITTEE Amy Shorter — Chair Jessica Vail — Vice Chair Theresa Beckett Robert Flanagan, Esq. Ryan Fleming Frank Gencarelli Toni Licciardi Michael Luzzi Kim Manicon Patricia Ventura Gregory Vinogradsky, Esq. Lisa Wagner Board Liaisons: Jeffrey Logan Jennifer Nevins, CMCA Staff Liaison: Angela Kavanaugh CONFERENCE & EXPO COMMITTEE Jay Burak — Chair Jessica Kizmann, CPA — Vice Chair Kristie Bendick, CMCA Saher Gouda David Kalen Dawn Kearney

Kristin Marzarella Tara Melick, CPA Nicole Miller, Esq. Rachel Richardson, CMCA Lauren Vadenais David Vargas

Jack McGrath Paul Raetsch

J. David Ramsey, Esq., CCAL Caroline Record, Esq., CCAL Board Liaisons: Jean Bestafka Loren Lightman, Esq. Staff Liaisons: Larry Thomas, PCAM MANAGER COMMITTEE Erin O’Reilly, CMCA, AMS, PCAM — Chair Kristina Munson, CMCA, AMS, PCAM — Vice Chair Denise Becker, CMCA, AMS, PCAM Jeff Cirkus, CMCA, AMS, PCAM Dawn Mackanic, CMCA Kerri Stimpson, AMS Elaine Warga-Murray, CMCA, AMS, PCAM Michelle Williams, CMCA, AMS Board Liaisons: Tony Nardone, MBA, PCAM Chris Nicosia, CMCA, AMS, PCAM Staff Liaison: Angela Kavanaugh MEMBERSHIP COMMITTEE Nikolaos Haralambopoulos, CPA — Chair Briana Walsh — Vice Chair Michael Barch Lysa Bergenfeld, Esq. Jennifer Cardak Nichole Gist Jennifer Lynch, CIC Tara Melick, CPA Steven Mlenak, Esq. Peter Throndson Board Liaisons: Loren Lightman, Esq. Mark Wetter, Esq. Staff Liaisons: Brooke Stoppiello-Nevins NETWORKING EVENTS COMMITTEE Pam Illiano — Chair Gary Gleitman — Vice Chair Kathleen Radler Steve Roderick Ken Shah

Kristy Winchock Board Liaisons: Benjamin Basch

Jeffrey Logan Staff Liaison: Jaclyn Oskierko GOLF OUTING COMMITTEE Paul Migliore — Chair Eric Eggert — Vice Chair Chris Belkot Scott Brandle Martin Cabalar, Esq. Patti Clemente Marty Ehrlich Keith Giliberti, PE, RS Fred Hodge, Jr. Hank Johns Lisa Komitor Georgette Kyriacou Cathy Mango Mike Polulak, Esq. Ross Rutman David Shahrabani Jasmin Shelton Christopher Tensen, CMCA, AMS Ryan Weiner

Joe Bonafede Jeanine Clark Ellen Comiski Jeffrey Cuevas John Echelmeier Stacey Imber Tanya Jimenez Terry Kessler, Esq. Konrad Kurach Valerie Luckenbach Denise Mack

Tom Witkowski Board Liaisons: Chris Nicosia, CMCA, AMS, PCAM Mark Wetter, Esq. Staff Liaison: Jaclyn Oskierko HOMEOWNER LEADER COMMITTEE Cheryl Palent — Chair Roslyn Brodsky — Vice Chair Lois Gerber Charles Lavine

Jessica Marvel Karl Meth, Esq. Kevin Oliver Cheryl Rhine, CIC, CIRMS

Richard Pucciarelli Board Liaisons: Jean Bestafka Bruce Kunz, CMCA Deana Luchs Staff Liaison: Angela Kavanaugh

Harriet Schwarzber, CMCA, AMS Jackie Thermidor, CMCA, AMS Board Liaisons: Donna Belkot Mohammed Salyani, CPA Staff Liaison: Angela Kavanaugh EDITORIAL COMMITTEE Mary Barrett, Esq. — Chair Robert Arnone, CMCA, AMS — Vice Chair Hilary Harding Jonathan Katz, Esq. Richard Linderman, Esq. Michael Mezzo, CPA, MBA Steven Morris, RS Robert Roop Kari Valentine, CMCA, AMS Ray Venturino Board Liaisons: Deana Luchs Lisa Vitiello, CPA Staff Liaison: Jaclyn Oskierko

Dean Catanzarite Diane Cody, PCAM Rhett Cowley Jose Elvir Seth Frumkin Freedom Hildreth Carol Nickerson, CMCA Julie Nole Debbie Pasquariello, CIC, CIRMS

Daniel Reilly Chris Rosati Kristine Schmocker Dan Turi Melissa Volet, Esq. Board Liaisons: Benjamin Basch Donna Belkot Staff Liaison: Jaclyn Oskierko

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CA-PAC WORKS HARD PROTECTING THE INTERESTS OF COMMUNITY ASSOCIATIONS

SUPPORT CA-PAC “A Dollar a Door”! The Community Association – Political Action Committee (CA-PAC) is a volunteer committee consisting of homeowners, professionals and managers who serve New Jersey’s community associations. CA-PAC was created to give our members a stronger voice in Trenton by supporting candidates who support key issues important to CAI-NJ members. Please do your part and support our 2018 “Dollar a Door” campaign. Donate $1 per door or at least $250.00 per year for com- munities and $25.00 for individuals. 2018 A Dollar a Door Community Associations • Cedar Village at East Brunswick • Manors at Lawrenceville • The Plaza Grande at Old Bridge • The Ponds • Union Gap Village Association • Wildflower Village COA

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

YES, I’D LIKE TO SUPPORT CA-PAC WITH A PLEDGE!

COMMUNITY ASSOCIATION DOLLAR PER DOOR __________________ X ____________________ $_________ Number of Doors A Dollar or More Total Pledge PROFESSIONAL PLEDGE __________________ X ____________________ $_________ Number of Doors A Dollar or More Total Pledge FLAT RATE PLEDGES Business Partner ............................................... $250-$500 $_________ Management Company ..............................................$500 $_________ Other ....................................................................................... $_________

Community/Company: ________________________________________________________________________________________________

Individual Name:_____________________________________________________________________________________________________

MailingAddress:______________________________________________________________________________________________________

City, State, ZIP:______________________________________________________________________________________________________

Phone:_________________________________________________________Fax: ________________________________________________

Email:________________________________ Occupation:______________________ Employer:_____________________________________

Employer Address:___________________________________________________________________________________________________

City, State, ZIP:______________________________________________________________________________________________________

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.

CA-PAC WORKS HARD PROTECTING THE INTERESTS OF COMMUNITY ASSOCIATIONS

Municipal Bonding Requirements – (A1425, S3233) - Last year, the legislature passed a law removing developers’ requirements to post performance and maintenance guarantees on construction not ultimately dedicated to the municipality. While intended only to apply to shopping centers, CA-PAC is concerned that our communities could be swept into the exemptions, and will be working to correct the oversight. Delinquencies and Expedited Foreclosures – (A2085, S1243) – We continue to attempt to work with the banks to maintain vacant units and assume responsibili- ty for maintenance fees while pushing for rent receiverships as an option. Municipal Services / Fire Hydrant Maintenance - (A1745) – CA-PAC is advocating for expansion of the municipal services provided to your community. Our top priority for now is passage of legislation that would ensure that your local municipal utility authority keep your neighborhood safe by properly maintaining fire hydrants, and we hope to make the cost of such maintenance fair by banning the practice of charging our associations more than their host municipalities. Electric Charging Stations - (A1030) - There is National and State legislation concerning the installation of electric charging stations for existing and future common interest communities. CA–PAC will be there to make sure you have say over when, where, and if to include these stations in your communities. DCA Inspections - (S1150) - This bill would reduce inspections from every 5 years to every 2 years. Solar Panel Installations – (A2469) - Recent legislation proposes controls for regulation and installation of solar panels in your community. Insurance Deductibles – (A2439) - Recent legislation proposes to prevent an association’s ability to transfer the responsibility for a damage claim’s deductible to homeowners in condominium associations. Snow Contractor Indemnification – (S665) - This legislation would require snow contractors to be indemnified for any damage or injuries as a result of their snow removal/ice control operations.

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

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You Can’t Roll Over and Play Dead When PLANNING FOR A DOG PARK

By Russ Fernandes, Principal, Becht Engineering BT, Inc., Jennifer F. Lynch, CIC, AAI, NFP Property & Casualty, and Mary W. Barrett, Esq., Stark & Stark

P eople choose to live in community associations for many reasons: convenience, socializing, and of course, the amenities! Amenities today include golf courses, equestrian stables, marinas, landing strips for aircraft and one amenity that is gaining a lot of populari- ty: dog parks! This comes as no surprise. The Insurance Institute reports that in 2017 there were over 60 million households in the United States with dogs and that people spent an estimated 69 BILLION dollars on their pets! Dog lovers seek a convenient place to unleash their dogs for exercise while making new friends that share a common interest. Let’s call it canine camaraderie! The following information is not intended to serve as design guidance but rather to provide some food for thought if you are considering creating a dog park. ENGINEERING Approvals First! It sounds simple, right? Put up some fence and let the dogs have some fun. However, planning

for a dog park, like so much else in life, requires some preliminary research and a good design. To start with, assuming the association’s governing documents do not prohibit such a facility check with the municipality to see what requirements they might have that could interfere with Fido having some fun. Some municipalities might require a site plan for review and approvals, for example. Not an insurmountable problem, but the municipality might add some requirements that could increase the cost of the project beyond what was originally anticipated. The municipality might have specific requirements already. If not, a quick goo- gle search will turn up several sources for “best practices” that will provide some design guidance. A Good Design. With all the necessary approvals in hand, the next step is the design. And there is a lot to consider. What size will the facility be? Bigger is better so that the dogs will have plenty of open space and will be less likely to become territorial. Also, what type of fencing will you use and what type of ground surface? There are

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CONT I NU E S ON PAGE 14

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DOG PARK... from page 13.

it didn’t include the topic of, how shall we say it, “waste man- agement”. Dealing with dog waste, along with other trash, is a matter of public health, so along with encouraging owners to bring their own “poop” bags, associations might want to consider the installation of a bag dispenser and trash recepta- cles. The good news on this front is that there are companies that specialize in maintaining dog parks and bag dispensers. INSURANCE The Risk. Before you begin your dog park project, be sure to notify the association’s insurance company for approval! In a pet-friendly community where leashed dogs are accompanied by their owner, the risks are known. However, gathering unleashed dogs in a park increases the likelihood of injuries to individuals and other dogs. It’s somewhat unpredictable and certain insurance companies might not want to continue the association liability cover- age if you add a dog park. New Jersey is a strict liability state. Dog owners are held strictly responsible for all damages caused by their canine. Provocation of the dog, trespassing onto private property

many options for the ground surface – each with pros and cons. Grass (sod) is easy to install but will require signifi- cant maintenance to keep it viable. You could use chips or gravel but this can become hot in the summer sun and more difficult to keep clean and sanitary. Another design decision is whether there will there be multiple enclosures to separate the dogs by size, as well as a double entry gate to better control ingress and egress. Best practice is to provide separate enclosures for the safety of the smaller dogs and their owners. Another consider- ation is the availability of water service lines. Fido and his friends will surely want to be able to drink after a rigorous play session. Therefore, there needs to be accessible water service lines, or the ability to bring them to the site. Shade is equally important – both for the canines and for the humans. The plan should also include seating options for the human attendees. Of course, any discussion of a dog park would be remiss if

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DOG PARK... from page 14.

and prior bite history is irrelevant. In 2018, according to The Insurance Information Institute and State Farm, New Jersey homeowner insurers paid out over $32 million in dog bite and dog-related injury claims. Whether it’s a dog bite or a rambunctious dog knocking someone over, if it happened on association property, a claim against the association, as well as the dog owner, is possible. The Coverage. A community association may obtain insurance cov- erage for a dog park by amending its current policy or procure a separate premises liability policy to specifically cover damages arising in the dog park. A separate policy will protect the current policy program loss history, future premiums, and long-term insur- ability. In any event, when it comes to dog-related injuries, the association needs adequate general and excess liability coverage to provide defense costs and protection for third party bodily injuries and property damage occurring within the park. Even with the most comprehensive association coverage, the unit owner’s insurance coverage is the associa- tion’s first line of defense. Associations should require proof of insurance from unit owners and renters by requesting copies of declaration pages or proof of insurance form annually. However, these simple one-page documents do not tell the whole story as they don’t reference important policy pro- visions, such as restricted dog breed exclusions, exclusions for dog bites, and reduced limits for dog bites.

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DOG PARK... from page 16.

Homeowners policies should name the association and property manager as ‘additional interests’ so in the event of cancellation, notice will be sent to the association. Risk Management. Associations want to reduce the chance for claims while promoting safety to the residents and dogs who visit the park. The more risk management controls that are in place at a dog park the better especially when it is being evaluated by an insurance under- writer. Examples of these controls are: fencing, signage, separate small dog/ large dog play areas, rule enforcement, and pet immunizations. Some commu- nities require the AKC Canine Good Citizen Test before granting dogs per- mission to enjoy the park. Restrictions on who can use the dog park are an especially important risk management tool as pet sitters, guests, and unac- companied children may not know or follow the rules. A mandatory “Pet Profile” can include the usual resident and pet questions, give notice of rules, violations and penalties, determine unit owner insurance exclusions, and most importantly, include an indemnification and hold harmless agreement. LEGAL Do You Need a Vote? Depend- ing on the cost of the dog park, the association’s governing documents may require a vote of the unit owners. Some governing documents require unit owners to approve new capital improvements over a certain dollar amount. If your dog park uses signif- icant improvements, those are new

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Temple Of The Dog: UNDERSTANDING “ASSISTANCE ANIMALS” in Community Associations

By Jonathan H. Katz, Esq., Hill Wallack LLP

I n May 2018, New Jersey Attorney General Gurbir S. Grewal and the Division on Civil Rights (“DCR”) announced the settlement of two separate disability discrimination cases, both involving residents who were denied permission to keep emotional support animals by their respective govern- ing boards. 1 In one case, a condominium association paid $10,000 to resolve allegations that it unlawfully discriminated against a resident by denying her request for an emotional support dog. In that case, the resident’s prescribing physician told the DCR that the animal would help her cope with the pain of various maladies, including lupus and diabetes. In a second case, a housing complex paid a resident $16,000 to resolve allegations that it unlawfully discriminated against the resident by denying permission to keep a medically-prescribed emotional support dog that the resident’s treating physician described as “necessary” for his mental health. In announcing these settlements, the Attorney General stated: “These are fair settlements that resolve troubling cases — cases in which residents with a documented disability were treated in ‘hardball’ fashion by governing boards that apparently did not recognize the distinction between a pet and a clinical- ly-prescribed emotional support animal. These cases should serve as a message to landlords – as well as the governing boards of condominiums and cop-ops across the state — that the New Jersey Law Against Discrimination was created to protect the rights of people with disabilities, including those who require service dogs and emotional support animals.”

If you have been following the news for the last few years, the result of these two cases should not come as a surprise. Increasingly, both service animals and emotional support animals have taken center stage in disputes involving pet restrictions throughout the country, including in places of public accommodation (for example, retail stores, restau- rants, or airports) as well as in community associations. 2 So what is a community association to do when a resident asks to allow an animal either in a no-pet building or in the association’s clubhouse or pool? The answer first requires an overview and understanding of the controlling law regarding service animals and emotional support animals. Under the Federal Fair Housing Act (the “FHA”) 3 and its regulations, housing providers are required to make reason- able accommodations to disabled persons with respect to policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. As defined by the FHA, housing providers include all forms of commu- nity associations, including condominiums, homeowners associations, and cooperatives. In addition to the FHA, as noted above, New Jersey’s Law Against Discrimination (“LAD”) 4 also requires that associations provide reasonable accommodations for disabled persons. Before delving further into the law, however, it is import- ant to recognize the distinction (or lack thereof) between service animals and emotional support animals. Under the

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FHA, there is no distinction so long as the animal provides some type of assistance to an individual, no matter what kind of assistance they provide. The FHA does not distinguish between an animal that is specially trained to assist someone with a physical disability (such as a seeing-eye dog or other service animal) and an ani- mal that provides assistance or sup- port (including emotional support) to someone with a mental or emotional disability. So long as animal alleviates the effects of any kind of disability, it is considered an “assistance animal” under the FHA; there is no requirement that the animal be specially trained or possess any special skills. 5 Under certain circumstances, com- munity associations must accommo- date residents with legitimate physical or emotional disabilities requiring the support or assistance of an animal. A request from a resident to relax a no-pets policy is a request for a rea- sonable accommodation under both the FHA and the LAD. 6 In such cases, appropriate considerations include: (1) whether the occupant or prospec- tive occupant has a disability-related need for the animal; (2) whether the animal would alleviate one or more identified symptoms; and (3) whether granting the request would result in an undue financial burden or fundamen- tally alter the nature of the housing provider’s operations. 7 A resident has an absolute right to reside with a service animal subject to only a few restrictions. 8 However, in order to make a determination as to whether an association needs to accommodate a resident’s request for an emotional support animal,

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ASSISTANCE ANIMALS... from page 23.

mentation of the disability and their disability-related need for the animal. For example, the U.S. Department of Housing and Urban Development (“HUD”) provides: “the housing provid- er may ask persons who are seeking a reasonable accommodation for an assistance animal that provides emo-

tional support to provide documen- tation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability.” 9 Specifically, in order to determine whether a resident has a legitimate physical or emotional disability under the law, an association may request that the resident provide a certification of a physician or other qualified treat- ing professional certifying: • the nature of the disability or hand- icap suffered; • that the disability or handicap meets the standards set forth by the FHA; • the major life activities that are sub- stantially limited by the disability or handicap; • whether treatment is available for the disability or handicap; • a description of the accommodation requested; • whether the accommodation request- ed alleviates or mitigates the disabil- ity or handicap; and • whether any alternative accommo- dations exist. But what happens when the docu- mentation provided by the resident is something obtained from a website, or a note from a practitioner stating only that “the dog is an emotional support animal”? Under those circumstances, the association’s board may not have enough information to determine if the resident suffers from a disability defined by law. Furthermore, if the physical assistance or emotional sup- port is reasonable to accommodate their disability. Thus, when presented

the association has a right to ask for more information when the resident’s disability is not readily apparent or known. In such a situation, an asso- ciation may request reliable docu-

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with only this information, the associa- tion may request additional information to allow the board to fully evaluate the reasonableness of the request. If, however, upon receipt of the requested information, the association concludes that the resident is disabled under the law and that the physical assistance or emotional support of the identified animal is reasonably neces- sary to accommodate the disability, then approval of the accommodation is mandated by law. Once a determination is made that the animal is reasonably necessary to accommodate the disability and must be allowed, the animal is not considered a “pet” under the law. It is important to note, however, that even when an accommodation is required, the resident is still required to maintain CONT I NU E S ON PAGE 26

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