CAI-NJ Aug. 2020(w)

Just Try to Comply! Compliance Problems Created by the Radburn Regulations By Mary W. Barrett, Esquire Stark & Stark

“Some of the Radburn Regulations are unclear at best, others appear to be inconsistent with the Radburn Law.”

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s you most certainly know by now, amendments to the Planned Real Estate Development Full Disclosure Act (PREDFDA) were signed into law in July 2017. These are known as the Radburn Law. Statutes commonly are supplemented by administrative regulations to help implement and clarify the law. As expected, on May 18, 2020, the New Jersey Department of Community Affairs (DCA) issued new regulations known as the Radburn Regulations. The Radburn Law was not perfect and left some questions of interpretation. The Radburn Regulations may be even less perfect, and these imperfections make compliance difficult for community associations. Some of the Radburn Regulations are unclear at best, others appear to be inconsistent with the Radburn Law. Yet, others seem to be impermissible and subject to challenge on that basis. A

As of this writing, there were challenges underway. The status of the Radburn Regulations may be further clarified. Whatever happens with the Radburn Regulations, the DCA should address at least the following: How can these regulations be effective immediately (especially in the middle of a pandemic when many communities are mid- election and/or cannot meet in person)? The Radburn Law was signed into law in July 2017, how- ever, portions were made effective on a date several months in the future to give communities time to comply. In contrast, the Radburn Regulations were made effective immediately upon issuance on May 18, 2020. The DCA did not think through how the Radburn Regulations would impact com- CONT I NU E S ON PAGE 32

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