CAI-NJ Jan. 2019 (w)

CLADDING... from page 29.

to replace the cladding without changing the material or appear- ance, the board needs to review the association governing doc- uments to answer the following questions: (1) Who is responsible for and autho- rized to replace the cladding? (2) Are there any restrictions on the board’s authority to spend the money needed to complete the cladding project? Many declarations of covenants and restrictions, master deeds and/or bylaws contain specific language that answers these ques- tions. Too often Boards forget or don’t know that they must review their association’s documents to see if their desired action is in any way restricted.

of the project and which should be maintained for any replacement project. This could include mate- rial or aesthetic requirements that were not originally required by the zoning ordinance but were agreed upon by the developer to obtain approvals for the construction of the development. Additionally, the board must consult with their professionals to make sure that any required municipal approval for the project is obtained. Governing documents will often provide guidance for the Board on its authority to replace cladding and should be reviewed carefully with legal counsel before the board commits to any specific cladding selection. - In cases where the board wishes Governing Document Requirements:

property owners to maintain a certain appearance for the build- ings, including the use of specific materials. For example, in a zone where the municipality is attempt- ing to maintain the historical look of colonial buildings, the requirement may be to use brick or wood sid- ing and not allow EIFS or stucco. It is important to know what these zoning requirements are before the project specifications are finalized, so that the contractor’s bids are prepared based upon the allow- able cladding materials. In some cases, a developer’s resolutions of approval issued by the municipality may also mandate certain design and material requirements that must be met for the original construction

CONT I NU E S ON PAGE 52

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