CAI-NJ June 2019 (w)

Community Trends ® June 2019

RENEWABLES

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In This Issue

• NJ Public Recreational Bathing Code Updates and Revisions • HOA/Condo Renewable Energy Solutions • Fire Risks for Solar Panels in a Community • Update on Legislation Regarding the Installation of Car Charging Stations in Common Interest Communities ....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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New Jersey Public Recreational Bathing Code Updates and Revisions — Swimming Pool Safety and Managing Association Risk By Benjamin Basch, American Pool Enterprises and Loren Rosenberg Lightman, Esq., Hill Wallack LLP HOA/Condo Renewable Energy Solutions By Kari Valentine, CMCA, AMS Associated Energy Fire Risks for Solar Panels in a Community By Ray Venturino City Fire Equipment Update on Legislation Regarding the Installation of Car Charging Stations in Common Interest Communities By Matthew Z. Earle, Esq. Kates, Nussman, Ellis, Farhi & Earle, LLP

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Management Trends: Electric Cars — A Charging Topic for Community Associations By Jeff Cirkus, PCAM Associa-Community Management Corp., AAMC

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Do One Thing Better: Going Green By Michael Mezzo, CPA WilkinGuttenplan

EXTRAS President's Corner

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Looking Ahead

CAI-NJ Upcoming Events

Legislative Update

CA-PAC “Dollar a Door” Campaign Spring Break Party Wrap up & Photos CAI-NJ Golf Dinner Registration 2019 CAI-NJ Conference & Expo Registration CA-PAC Day at the Races Registration 41 Coffee & Cram — CMCA Study Group Registration 45 Lecture Series Registration 46 CAI-NJ Beach Party Registation 49 Q&A 50 New Member Breakfast 53 Senior Summit Registration 56 2019 CAI-NJ Olympics Registration 57 New Members 62 CAI Membership Application 63 S.B.A. Young Professionals and F.A.S.T. Meet & Greet 65 2019 CAI-NJ Shoot the Cover Photo Contest 69 2019 Ultimate Partner Listings 72 10 18 30 36

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Going Green By: Michael Mezzo, CPA., WilkinGuttenplan WHERE DO CONDOMINIUM AND HOMEOWNER ASSOCIATIONS FIT INTO THE “GOING GREEN ” MOVEMENT? Multifamily dwellings can consume a SIGNIFICANT AMOUNT OF ENERGY. As such, it is important for sites to regularly evaluate their infrastructure to identify opportunities for improvement. THE DILEMMA: It typically requires the association to spend green in order to go green . This is especially an issue of concern for sites which are underfunded in their capital reserve fund. Clean energy INCENTIVES AND REBATES are typically broken out into two categories, “existing buildings” and “new construction”. Many associations in the state are able to qualify for these incentives through the “existing building” programs. Programs are available under the STATE OF NEW JERSEY’S CLEAN ENERGY PROGRAM, two of which can commonly be applicable for associations. Additional information can be found at the State of New Jersey’s Clean Energy Program (www.njcleanenergy.com).

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Direct Install Program

Pay For Performance

Utility Company Incentives

Vendor Financing

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Offers financial incentives to entice businesses to up- grade to high efficiency gas & electrical systems that

Financial assistance to qual- ifying businesses, to entice them to upgrade to high effi- ciency components, includ-

This may not lead to a direct reduction of cost, but certain vendors will allow associ- ations to finance the costs

Utility providers offer finan- cial incentives to upgrade to high efficiency components.

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 LAURA O’CONNOR DIRECTOR, MEMBERSHIP & MARKETING LAURA@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

We Are So Close

A s I stood at my desk trying to figure out what my June article should be about Jenn and I received a text from Larry. He gave me my answer. Larry texted us that we were at 2,128 members and just 25 members behind Washington State, the second largest chapter in CAI. Only 25 mem- bers, at 15 members per community that is less than two communities! We are so close we can almost taste it.

Now I know most of you are thinking what’s the big deal, but the thing is we used to be the second largest chapter and that title was taken away from us. I would love to be able to get it back before my year as President is done. However, we cannot do this alone. It needs a push from everyone to get us there. I would like every one of us to renew our efforts to get back that title.

“I would like everyone of us to renew our efforts to get back that title.”

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

Talking about renewing efforts, the theme for the June issue is renewables. Be sure to check out the articles that talks about just that. Kari Valentine’s article on renewable energy is really interesting. I had no idea that New Jersey is such a green state from a renewable energy standpoint. It also offers some interesting solutions for associations that would like to use renewable energy without constructing eye sores in their communities. I am all about “Going Green” and saving the environment, as I am sure most of you readers are, but Matthew Earle’s article about car charging stations in Community Associations has raised some issues I never thought about. He talks about a bill that has been introduced and why CAI opposes it in its current form. This is one you cannot miss. The solar article by Ray Venturino talks about the very real risk of fire that all associations considering installing solar panels, must consider. It never occurred to me that installing the panels on the roof may cause an issue for the fire fight- ers in case they need to get into the building from the roof. If your community has a pool, then you must read the article by Ben Basch and Loren Lightman on updates to the bathing code passed in January 2018. It states what the changes are and what are their legal implications.

CAI-NJ On Social Media

www.facebook.com/ CAINJCHAPTER

@CAINJCHAPTER

Community Associations Institute - New Jersey Chapter

CONT I NU E S ON PAGE 74

@cainewjersey

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

T his month’s theme “Renewables” isn’t the easiest topic to write about. I can come up with several definitions for renewables. I will address the definitions that imme- diately came to my mind. First off, “Did you renew your CAI membership and your credentials?” As we in the office ponder over the monthly expired lists from our National office, we often see names that have been members for a long time and somehow during the recent months, their membership has expired. There is an easy solution to this. Every CAI member has access to their individual histories on the www.caionline.org website and can readily check their membership status along with a variety of other mem- ber specific information. When someone joins CAI, they are automatically given a username and password. The username is their email address that was provided on the membership application (for business partners, it’s the “pri- mary contact” person) and the password is the last name of the member with the first letter capitalized. We encourage all members to immediately change their password after initially signing in. Once you’ve logged in, you can access your membership status and any CAI National events that you may have attended along with any purchases made through CAI. I think that the intent of the theme “Renewables” is primar- ily focused on energy related matters. It’s hard to keep up with all the progress and new energy efficient items that are available to us. One of the major items that has been in the news recently is the mandate for anyone living in a multifamily scenario to change their smoke and carbon monoxide detectors over to 10-year lithium-ion batteries. This only applies to smoke and carbon monoxide detectors that are battery operated. If your facility has hard wired detectors, you are ok. If you want additional information, it’s part of the updated fire code (N.J.A.C. 5:70-4.19) Caroline Record, Esq. and I recently attended the League

of Mayors Annual Conference in Atlantic City. Caroline is an attorney at Hill Wallack and is a member of the New Jersey Legislative Action Committee. While at the conference we attended the Mayor’s Legislative Action Committee meeting. There were three central issues that they addressed: (1) Towns dealing with the possibility of the legalization of marijuana, (2) the proposed changes in the state’s liquor licenses and (3) the recent substantial increases in the recycling fees. I am only going to address the recycling fees as this fits within the “Renewables”

“Every CAI member has access to their individual histories on the www.caionline.org website and can readily check their membership status along with a variety of other member specific information.”

category. It seems that due to the recent trade conflicts with China, China has restricted the amount of recycled materials that they are buying from the United States. This decrease of exported materials has in effect created large increases in the recycling fees that are being transferred to our towns and common interest communities. The mayors are very focused on this matter and are looking for alter- natives to keep the recycling fee increases at a minimum. Hopefully, there will be better news in the coming weeks and these increased fees can be controlled or minimized. As I started this month’s column, “Renewables” isn’t the easiest topic to write about. I used my imagination a little and expanded the intent of the theme to include more than the envisioned topics. n

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2019

EVENTS & EDUCATION CALENDAR

25 June 5-6

September

Joint Manager &Business Partner Roundtable TBD Board Leadership Development Workshop CAI-NJ, Freehold Dennis R. Casale Memorial Golf Outing Forsgate Country Club, Monroe Twp. M-100: The Essentials of Community Association Management Mercer County Community College, West Windsor Joint CAI-NJ & PennDelVal Networking Event Triumph Brewing Company, New Hope, PA Lecture Series: What Are The Key Ingredients For Your Recipe For Success CAI-NJ, Freehold Joint Manager & Business Partner Roundtable Forsgate Country Club, Monroe Twp.

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PCAM Case Study Cranbury

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Managers Leadership Workshop Rossmoor Community Association, Monroe Twp.

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

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24 25

Lecture Series CAI-NJ, Freehold

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Joint Manager & Business Partner Roundtable TBD

27- 29

October

17 16

2019 Pre-Conference Networking Reception The Event Center @iPA, Freehold, NJ 2019 CAI-NJ Annual Conference & Expo The Event Center @iPA, Freehold, NJ M-310: Management Company Administration Freehold, NJ

July

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New Member Welcome Breakfast Greenbriar at Whittingham, Monroe Twp.

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17- 18

CAI-NJ Olympics Thompson Park, Monroe Twp.

Senior Summit Renaissance at Manchester, Manchester

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November

Coffee & Cram CAI-NJ, Freehold

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

CA-PAC Day at the Races Monmouth Park Racetrack, Oceanport

August

6-7

Board Leadership Development Workshop CAI-NJ, Freehold

All Events Are Subjuect To Change

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Annual Beach Party Martell’s Tiki Bar, Point Pleasant

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Lecture Series: Securing Your Community CAI-NJ, Freehold

LEGISLATIVE UPDATE

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

SUCCESS !!!

R eform of New Jersey’s foreclosure laws has long been a priority for your CAI Legislative Action Committee-NJ (NJ-LAC). All of us who live and work in common interest communities in our state know too well the financial toll mortgage foreclosures take on such communities. That toll comes in many forms, from the inability to recover the full amount of delinquent assessment payments from home- owners who have been foreclosed on by their mortgage lenders, to the loss of property values of homes in associ- ations burdened with neighboring vacant and abandoned properties. While the local, state and national economies certainly play a role in the severity of any foreclosure “cri- sis,” our State’s laws likewise can either contribute to, or

den on nearly 6,700 common interest communities in our State. It has not been an easy task. We’ve learned in this process that sometimes it takes more than hard work to get legislation enacted into law. It also takes a problem to reach a “tipping point”, it takes motivated and influential legislative sponsors, and it takes a little luck. Fortunately, we had all of those things working in our favor these past few months, and as a result we succeeded in achieving a legislative victory that will finally provide some much need- ed relief to common interest communities across the state who have been suffering as a result of this foreclosure crisis. As you likely already know, on March 25, 2019 the New Jersey Legislature passed a package of nine (9) bills

alleviate, those crisis conditions. There can be no denying that New Jersey, which claims the dubious distinction of having one of the highest foreclosure rates in the country, has been in a foreclosure “crisis” these past sev- eral years. Your LAC has been attempting for quite some time to amend New Jersey’s foreclosure laws to lessen that financial bur-

Photos courtesy CAI-NJ.

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2019 CAI-NJ COMMITTEES

that reformed our state’s foreclosure laws in various ways. Two of those bills specifically addressed issues related to common interest communi- ties. A5002/S3413 extends com- mon interest community lien priority over mortgages to homeowner asso- ciations (where until now it was only available to condominiums), and also extends the one-time, 6 month lien priority to an annual 6 month lien priority. S3413/A5005 shortens the time period within which a Sheriff’s Sale must take place after foreclo- sure judgment has been entered on a vacant and abandoned property. Until now, such sales could be post- poned almost indefinitely, leaving the property vacant and abandoned for months if not years. I am pleased to report that on April 29, 2019 Governor Murphy signed all nine of these bills into law at a special signing ceremony convened in Atlantic City (not coincidentally, the city with the highest foreclosure rate in our state…1 in every 42 homes). The ceremony was attended by several invited stakeholders and supporters, various legislative sponsors of these bills, and the press. CAI-NJ’s Executive Director Larry Thomas, the LAC’s pro- fessional lobbyist Michele Jaker of MBI, and I were privileged to have been invited to witness this important event. See associated photos. There is not enough room in this “Two of those bills specifically addressed issues related to common interest communities.”

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

J. David Ramsey, Esq., CCAL Caroline Record, Esq., CCAL Board Liaisons: Jean Bestafka Loren Lightman, Esq. Staff Liaisons: Larry Thomas, PCAM Laura O’Connor 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.

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

Jessica Baker Angela Celeste Jamie Cullen, CMCA Eric Eggert

Shelby Evans Maggie Faselt Brian Griffin

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 John Buglione Robert Flanagan, Esq. Ryan Fleming Frank Gencarelli Joseph Kreps 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

Jessica Hatton Shaun Hynes Vincent Kazmierski Lila Khiry Steven Kuhnert Jessica Long

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

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 Lenny Stern Christopher Tensen, CMCA, AMS Ryan Weiner

Kathleen Radler Steve Roderick Ken Shah

Peter Throndson Board Liaisons: Loren Lightman, Esq. Mark Wetter, Esq.

Staff Liaisons: Laura O’Connor Brooke Stoppiello-Nevins NETWORKING EVENTS COMMITTEE Pam Illiano — Chair Gary Gleitman — Vice Chair

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

Joe Bonafede Stacey Cadoff Jeanine Clark Ellen Comiski Jeffrey Cuevas

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 Richard Pucciarelli Board Liaisons: Jean Bestafka Bruce Kunz, CMCA Deana Luchs Staff Liaison: Angela Kavanaugh LEGISLATIVE ACTION COMMITTEE (LAC) George Greatrex, Esq. — Chair A. Christopher Florio, Esq. — Vice Chair Gabriel Lavigne Charles Lavine Anthony Manino Ralph Owen

John Echelmeier Tanya Jimenez Terry Kessler, Esq. Konrad Kurach Valerie Luckenbach Denise Mack

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

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

Harriet Schwarzber, CMCA, AMS Jackie Thermidor, CMCA, AMS

Gabe Vitale, Jr. Board Liaisons: Donna Belkot Mohammed Salyani, CPA Staff Liaison: Angela Kavanaugh EDITORIAL COMMITTEE Mary Barrett, Esq. — Chair Robert Arnone, CMCA, AMS — Vice Chair Daniella Chaviano Hilary Harding Jonathan Katz, Esq. Richard Linderman, Esq. Michael Mezzo, CPA, MBA Steven Morris, RS

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

Kelly Peters Robert Roop Kari Valentine, CMCA, AMS Ray Venturino Board Liaisons: Deana Luchs Lisa Vitiello, CPA Staff Liaison: Jaclyn Oskierko

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

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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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NEW JERSEY PUBLIC RECREATIONAL BATHING CODE UPDATES AND REVISIONS –

SWIMMING POOL SAFETY AND MANAGING ASSOCIATION RISK By Benjamin Basch, American Pool Enterprises and Loren Rosenberg Lightman, Esq. , Hill Wallack LLP

I n January 2018, the New Jersey Department of Health announced changes to the state Public Recreational Bathing Code. The code applies to all multifamily community pools, public and private, if they are accessible to three or more families. One of the most impactful changes was a requirement to provide at least two lifeguards for pools over 2,000 square feet. Under the revised bathing code, com- munity associations retained their right to exercise a special exemption that allowed them to eliminate lifeguards and first aid staffing requirements. However, it eliminated exemptions for facilities that may have been lifeguard exempt previously, if the pool featured water slides, diving boards, or other such recreational equipment. The revised bathing code further empha- sized that lifeguards must not have secondary duties while guarding and would be prohibited from wearing headphones or earbuds and using a cell phone while on duty. Initial review of the updated code with regard to lifeguards was clear. An association could either

voluntarily comply with additional staff requirements for pools over 2,000 square feet or exercise an exemption and operate without lifeguard staff. In either situation, a user of the swimming pool could make an informed decision about using the swimming pool – be it guarded or not. If an association chose to exercise its right to take the exemption, it would need to post a sign stating “No Lifeguard On Duty”, so bathers would be on notice about swimming in the pool and providing their own proper supervision for themselves and/or their guests. April 2018 NJ Department of Health FAQ In April of 2018, the Department of Health (“DOH”) updated an FAQ on their web page providing an interpretation of the code pertaining to these lifeguard requirements. The DOH advised that, if a community exercised its special exemption, it could still provide a single lifeguard (regardless of the swimming pool’s size) and not be subject to a penalty from the DOH. Essentially, once an association used its exemption

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BATHING CODE... from page 13.

from the lifeguard requirements and put up the required “No Lifeguard On Duty” signage, the State would not pursue enforcement based on a violation of the code. While the April DOH 2018 FAQ clarified that community associations could return to single lifeguard oper- ations regardless of their size, there are questions as to whether this is a sensible approach from both a legal and a practical standpoint. An asso- ciation posting a “No Lifeguard On Duty” sign and providing less than the number of lifeguards called for by the code could arguably provide a false sense of security to those patrons using the pool at any given time. There is a possibility that an individual will see a lifeguard present at the pool, disregard the sign, and assume the lifeguard is equipped to protect the entire pool, even if that is not actually the case. In fact, the 2018 updates to the bathing code provide standards on guarding a pool facility that are similar to standards set forth by the pool industry: • The American Red Cross Lifeguard training program advises that a lifeguard should be able to iden- tify and reach a victim within 30 seconds and have the victim extricated and begin ventilations within 1.5- 2 minutes. Ellis and Associates, another New Jersey recognized lifeguard training pro- gram, maintains an expectation that lifeguards recognize a victim within 10 seconds and respond

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BATHING CODE... from page 14.

at the furthest point from his/her station within 20 seconds. In a 40 foot x 50 foot swimming pool the lifeguard may have to swim up to 46 feet to reach a victim. Considering that lifeguards are trained on feet first entry to initiate a rescue and that the guard would be swimming with a rescue tube this could be approaching the limit of what could be expected from an average lifeguard. Now consider the additional time it could take to recognize and reach a victim, if a pool is busy and the lifeguard must navigate other swimmers to reach a potentially submerged swimmer. • The Center for Disease Control, the American Red Cross, and Ellis & Associates emphasize the impor- tance of a timely rescue because the likelihood for a successful out-

“...consider the additional time it could take to recognize and reach a victim, if a pool is busy...”

and begin care within 20 seconds. Both entities and the Bathing Code reference “Zones of Protection” that are established and maintained to ensure a timely response by the lifeguard is feasible. • The Model Aquatic Health Code, a fact based model code devel- oped by the Center for Disease Control, also maintains that “Zones of Protection” be designed such that a lifeguard is capable of reaching a victim within 20 seconds to pro- vide care. So while these training programs do not mention distance, they do enunciate standards such that a lifeguard should be in a position where he/she will reason- ably reach a distressed swimmer

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come is reduced as time to rescue grows. According to the National Institute of Neurological Disorders and Stroke, meaningful recovery is dependent on how long the brain has been deprived of oxygen and brain cells will begin to die after 5 minutes. This means that indepen- dent of the number of bathers, the size of the pool, the area that a life- guard is responsible for monitoring and must traverse for a rescue are all very impactful on the outcome for a distressed swimmer. A community association that is eligible for special exemption can provide coverage as outlined in the Bathing Code or choose to exercise its exemption, advise their patrons, and provide no lifeguards. While something in between may be attrac- tive from a budgetary standpoint and then rationalized as safer than no guard at all, there is a question as to how that will factor into potential lia- bility, in the event of an incident at the pool for which the association is pur- sued for legal damages. Negligence claims are, after all, based on a deviation from an accepted standard. The fact that the DOH will not enforce certain standards in an “exempt” situa- tion maynot excuse deviation from an accepted standard of care. CONT I NU E S ON PAGE 54

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L et’s face it; it’s not uncommon to think of renewable energy as some hippy, tree-hugging, unattractive structure that offers little in return. However, the renew- able energy industry has made considerable progress since its inception, and community associations can now take advantage of the resulting aesthetic and economic advancements. Every year during budget time, there isn’t a manager, nor a board member, who doesn’t get a knot in their stomachs just thinking about how they are going to meet their fiduciary responsibilities and not increase the fees by at least the cost of living. While not every community may be able to take advan- tage of this science, many can. It may surprise some to learn that, according to the Interstate Renewable Energy Council, New Jersey has the most growth potential for renewable energy, due to its pilot program of community solar. New Jersey is now positioned to be a national leader for community solar and energy storage expansion. The US Energy Information Administration, states that New Jersey is the fifth largest producer of electricity from solar energy. It is also the most densely populated state in the union, yet The Ways Renewable Energy Can Lower Costs and How the Association Can Make Money — Free!

manages to be in the lowest one-fourth of the power con- suming states per capita, which means that many in New Jersey have boarded the renewable energy train. In 1999 the state’s renewable portfolio standard began and was updated in 2018. This update requires tiered increases in renewable energy sources. By the year 2021, 21% of the electricity sold in the state is to come from approved renew- able sources. That percentage is mandated to increase in 2025 to 35% and again in 2030 to 50%. Historically, much of this solar has been utilized in com- mercial properties, municipalities, and privately-owned homes. However, with the updated legislation, it is possible for community associations to benefit from renewable ener- gy solutions through the state’s community solar initiative. There probably aren’t many, if any, communities that would relish the arduous task of repurposing land for solar production even at substantial reductions in their energy costs. Aesthetics are also important when considering alter- native solutions for your community. There are options on types of solar panels that are more aesthetically pleasing than others, but they do come at the cost of both solar pro- CONT I NU E S ON PAGE 26

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duction and return savings. However, that’s not to say these costlier panels aren’t possible for a community as they indeed are viable. Another thing to consider is whether the associ- ation’s governing documents allow repurposing of the land without a community vote. However, some solu- tions don’t require an alteration of the original use of the areas or amenities that are open to associations. Bottom line is there most likely is a solution out there for the community you represent. The following are suggestions that are feasible for a community without a community-wide vote. Carport structures that include solar panels allow for covered parking while offering solar benefits. There are many types of upgrades possible to produce an aesthetically pleas- ing structure which could consist of powder-coated posts for the steel structure, upgraded panels that look more like glass than your typical solar panel. Some of the structures can be covered with a variety of materials that resemble an architectural appear- ance. Keep in mind that each of these upgrades will either cost more to install or reduce your savings, if you are financing the project. You will need to speak with your vendor whom you have selected to manage the project for you as to the difference in costs. Solar carports provide light- ing, so you may no longer need park- ing lot lights in those areas. The solar panels would help provide energy to clubhouses and community-owned exterior lighting at a lower cost.

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The new system can also be con- structed to store energy as a back- up and still be used to offset energy costs during normal operations. Back-up power allows your community to contin- ue business as usual during what may be difficult times when there are black- outs. Back-up batteries have significantly improved in the last five years and will only continue to get more cost-effective. Floating solar allows you to take advantage of the non-beautification retention ponds that are perhaps being used for irrigation, that can now provide solar energy to your community or offset clubhouse energy costs. Floating solar also reduces algae accumulation and so reduces the need for chemical treat- ments which can reduce the overall cost of maintaining the basin. There is also the energy cost savings for the pump that may be used for irrigation from that pond. This type of system can also be utilized in a dry detention area that only occasionally has water to provide energy alternatives to your community. The new state legislation regard- ing community solar is another way “Carport structures that include solar panels allow for covered parking while offering solar benefits.”

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RENEWABLE ENERGY... from page 27.

have presented themselves as a more appealing community, because they can offer cost savings on electricity. As of the writing of this article, commu- nity solar in NJ is still in its beta testing so there may be some adjustments to this legislation. When planning on your reroofing

project you may want to consider adding solar, which can benefit the association and the homeowners. All the major roofing manufacturers are creating a solar panel that can be installed with their shingles. Most of these panels are designed to blend with the roofs, rather than stand out as you see on roofs that are installed “aftermarket.” Battery back-up could also be added to this project. Moreover, as virtually every car manu- facturer is producing an electric vehicle, EV chargers are now the up-and-com- ing renewable amenity that commu- nities are considering. Then there is a possibility that communities could see a dividend from allowing their residents to utilize a community owned electric car charging facility. If you can repurpose land, your community may also realize financial benefit from a land-lease agreement with your renewable energy provider. Again, you will want to check with your professionals, to determine any impact these additional funds may have on the association. For the long-term, New Jersey’s governor has directed state agencies to develop a plan by the middle of 2019 for the state to achieve 100% clean energy production by 2050. The governor’s initiative is available on the state website at https://nj.gov/ governor/news/news/562018/ approved/20181217b.shtml. With the governor and local municipal- ities striving to achieve substantial renewable energy goals, it behooves associations to begin looking at the process and understand how they can become a part of this initiative. Currently, community solar is limited

that your community could poten- tially save, not just the association’s costs but also extend savings to the residents. By taking advantage of this type of initiative, communities

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by some of its parameters, but that’s not to say today’s 7,000 communi- ty associations throughout the state won’t one day be able to benefit from these opportunities. Both community construction and renewable energy are growing exponentially, so the potential for legislation mandates is more than a possibility. California, the second largest builder of communities, according to CAI national 2016 report, has recently passed legislation that states beginning in 2020 all newly constructed associations must include solar energy. n “When planning on your reroofing project you may want to consider adding solar...”

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