CAI-NJ June 2021

June 2021 Community Trends

®

and Small Communities

In This Issue

• Radburn’s Election Requirements for Smaller Communities • COVID-19 and Swimming Pools — Updated Regulations for Associations in DecidingWhether and How to Reopen • Rules? C’mon, I’m on Vacation • Transition Considerations for Smaller Condominium/HOA Communities • Different Types of Services Approached Differently for Big/Small Communities —The Bare Minimum ....and more

The Community Associations Institute New Jersey chapter would like to thank its 2021 Ultimate Partners below. For more information on our sponsorships, please contact CAI-NJ at 609-588-0030 or info@cainj.org.

Becker & Poliakoff, LLP

T hank You Fo r You r Suppo r t !

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS

20 Radburn’s Election Requirements for Smaller Communities By Steven G. Mlenak, Esq. Greenbaum, Rowe, Smith & Davis LLP 26 COVID-19 and Swimming Pools — Updated Regulations for Associations in Deciding Whether and How to Reopen By Loren Rosenberg Lightman, Esq., Hill Wallack, LLP 30 Rules? C’mon, I’m on Vacation By Don Cabrera, CMCA Cabrera Property Management 38 Transition Considerations for Smaller Condominium/HOA Communities By Andrew J. Podolski, Esq. Stark & Stark 48 Different Types of Services Approached Differently for Big/Small Communities — The Bare Minimum By Gabriel A. Valdes Associa - Community Management Corporation of New Jersey, AAMC 50 Management Trends: Big or Small — Focus on Communication! President of CAI-NJ Board of Directors and Benjamin Basch, American Pool Enterprises, Secretary of CAI-NJ Board of Directors

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26

30

By Denise Becker, CMCA, PCAM Corner Property Management, AAMC

EXTRAS President’s Corner Looking Ahead

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5 6 7 8

CAI-NJ Upcoming Events

Legislative Update

Your Voice is Key for NJ-LAC and CA-PAC CA-PAC Top Golf Wrap-up and Photos

11 13 16

Chapter Trends

What Should You be Thinking About Right Now? Community Association COVID-19 Update

48

18

2021 Webinar Wednesdays 25 2021 CAI-NJ Annual Awards Celebration Registration 27 Business Partner Essentials Registration 33 F.A.S.T. Paint & Sip Fundraiser Wrap-up and Photos 34 2021 CAI-NJ Beach Party — Save the Date 37 2021 Dennis R. Casale Memorial Golf Outing — Save the Date 41 2021 CAI-NJ Conference & Expo — Save the Date 49 CAI-NJ Career Headquarters 51 F.A.S.T. Kickball Tournament Registration 59 New Members 60 CAI Membership Application 61 2021 Ultimate Partner Listings 62

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© Getty Images

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CAI-NJ BOARD OF DIRECTORS EXECUTIVE COMMITTEE

PRESIDENT ELECT JEFFREY LOGAN GUARDIAN SERVICE INDUSTRIES, INC.

PRESIDENT LOREN LIGHTMAN, ESQ. HILL WALLACK LLP

VICE PRESIDENT TONY NARDONE, MBA, PCAM CORNER PROPERTY MANAGEMENT, AAMC

TREASURER CHRISTOPHER NICOSIA, CMCA, AMS, PCAM PRIME MANAGEMENT, INC., AAMC

SECRETARY BENJAMIN BASCH AMERICAN POOL ENTERPRISES

BOARD MEMBERS

Mary Barrett, Esq. Stark & Stark Business Partner Vanessa J. Davenport Regency at Quailbrook Homeowners Association Homeowner Leader Ryan Fleming JGS Insurance Business Partner

Charles Lavine Traditions at Federal Point Condominium Association Homeowner Leader Steven Mlenak, Esq. Greenbaum, Rowe, Smith & Davis, LLP Business Partner Kristina Munson, CMCA, AMS, PCAM RCP Management Company, AAMC, AMO Community Association Manager

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

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

IMMEDIATE PAST PRESIDENT Jennifer Nevins, CMCA

DW Smith Associates, LLC, a subsidiary of PS&S, LLC

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PRESIDENT’S CORNER Loren Lightman, Esq. CAI-NJ 2021 PRESIDENT HILL WALLACK LLP

CAI-NJ TEAM

“Life is like riding a bicycle. To keep your balance, you must keep moving.” – Albert Einstein Moving Forward Here we are in June already. It feels like this year is flying by and, as Albert Einstein noted, we must keep moving forward. We are moving indeed, starting with the chapter’s first in-person events for 2021. The very first event was the CA-PAC Top Golf Fundraiser that was held at Top Golf in Edison on Thursday, May 20th. This event was very well-attended and was a terrific success for the PAC. The second event which followed several days later was the chapter’s Welcome Back Party held at the Asbury Festhalle & Biergarten in Asbury Park on Wednesday, May 26th. A great time was had by all and it was very special finally seeing attendees in person instead of through a computer screen! A big thank you to all of our sponsors of these events! I am looking forward to seeing more people at the chapter’s upcoming events throughout the rest of the year. As we move along with our live events, our calendar of virtual events remains full. The Wednesday Webinar series continued with webinars on May 5th and May 19th. Links to all of the upcoming Wednesday Webinars can be found at https://cainj.org/wednesday-webinars/. In addition, the chapter presented a Legislative Action Committee (LAC) Virtual Roundtable Discussion on Thursday, May 13th which addressed all of the rapidly changing developments on COVID -19 regulations and other areas of pending rules and legislation. The event was well-attended and provided a trove of insightful information to all who participated. On Wednesday, May 19th, the chapter took part in a webinar hosted by CAI National on “Responsible Reopening: Strategies and Best Practices for Community Associations.” The webinar incorporated a breakout room for the New Jersey and Pennsylvania/Keystone chapters sponsored by SageWater which was hosted by myself and Jonathan Katz, President of the Board of Directors for the Keystone chapter. This was an innovative and informative event which will hopefully be repeated in the future. Big & Small Communities The theme of this month’s issue is “Big & Small Communities”. The articles in this issue pertain to ways in which big and small communities address issues differently from one another. Articles for smaller communities include Radburn Requirements for Small Communities and Transition Considerations for Smaller Condominiums. An article dealing with both large and small communities is “Different Types of Services Approached Differently for Big/Small Communities – The Bare Minimum”. For the seaside communities there is “Beach Communities – Seasonal Staffing, Opening Up Seasonal Amenities, etc.” Lastly, you will find a timely article which is a valuable resource right now for our members “ COVID -19 and Swimming Pools — Updated Regulations for Associations in Deciding Whether and How to Reopen”. Enjoy the issue and I look forward to seeing many of you at the 2021 CAI-NJ Dennis R. Casale Memorial Golf Outing on Tuesday, June 15th! n

ANGELA KAVANAUGH CHAPTER EXECUTIVE DIRECTOR ANGELA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, CONFERENCE & EVENTS JACLYN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS COMMUNICATIONS MANAGER BROOKE@CAINJ.ORG ROBIN SURGENT MEMBERSHIP MANAGER ROBIN@CAINJ.ORG JENNIFER FARRELL ADMINISTRATIVE COORDINATOR JENNIFER@CAINJ.ORG

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

CAI-NJ on Social Media

www.facebook.com/ CAINJCHAPTER Community Associations Institute - New Jersey Chapter

@cainewjersey

www.youtube.com/ channel/UCuw0o4xfAO _wcKQM8V4rvwA

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

“Summer breeze makes me feel fine…” — Seals & Crofts

Hello summer! Hello members! June is a mag- nificent month. I can already hear the laughter of children playing outside, little league ballgames, the waves at the shore, and the sizzling of the barbeque. Oh, and let’s not forget the song of the long-awaited cicadas. It’s the beginning of summer, the beaches are open, and as we celebrate Father’s Day this month our state is just about fully opened. We can finally move outdoors and absorb the sunshine, enjoying it with family and friends. The CAI Team has returned to the office. We have all missed seeing each other and we share the senti- ment of how good it is to be able to see one another daily. That dose of normalcy is such a good way to begin the summer. So, we are happy to be back, serving all of you, our members. We’re looking forward to seeing you in person again, finally! I hope you had the opportunity to join us at the Comeback Party last month at the Asbury Festhalle & Biergarten. It was a fun evening as we celebrated being able to network in person with our old friends and hopeful- ly started some new relationships. Thank you to all of our sponsors, exhibitors, managers, and homeowner leaders for coming out to support us at this important event. Our Annual Golf Outing is set for Tuesday, June 15th at the Forsgate Country Club in Monroe Township. Tom Skiba, CAE, CAI National Chief Executive Officer will join our 250 golfers as they begin the day with a scrumptious outdoor luncheon and then golf the day away to win fun door prizes and compete to be the winners of our traditional golf contests. There will be something for everyone from lowest team score to longest drive. The day will conclude with a cocktail party and dinner reception. We are looking forward to seeing all of you that can join us for this notable event. The 2021 Awards Celebration is set to take place on Thursday, June 24th, at the beautiful Boathouse at Mercer Lake in West Windsor Township where we will celebrate

excellence in our industry. All members are invited to attend. The day before, on Wednesday, June 23rd, we will host a virtual awards ceremony when all of the award winners will be announced. https://cainj.org/2021-awards/ The Annual Beach Party. This year we will be extending the summer as long as we can. The Beach Party is set for Friday, September 17th at Martell’s Tiki Bar in Point Pleasant. Come and join the fun as we close out the summer season. Information and registration will be avail- able on our website shortly. Virtual events are still on the chapter calendar. Check our website for what we have planned. Current- ly opened for registration are the She-Connects Podcast Discussion, Homeowner Huddle, andWebinarWednesdays. https://cainj.org/education-events/ The 2021 Annual Conference & Expo. We are looking ahead with optimism to our Annual Conference & Expo, scheduled for Thursday, October 21st at the Event Center @iPa. Booths are now available for sale as the commit- tee is planning a tradeshow filled with resources, education, and networking. Our homeowner leaders and managers will have the opportunity to learn what is new in the industry, speak with informed professionals as well as connecting with vendors to assist them with necessary community association projects. Please visit https://cainj.org/2021-conference-expo/ for more information. Attendee registration on this flagship event is coming soon! Reopening Guidelines — I am, along with the CAI-NJ Board of Directors, closely monitoring Governor Murphy’s Executive Orders. We will adjust our guidelines as those orders change however the comfort and safety of our members is always our main priority. “…A little light-a-shinin’ through the window, Lets me know everything’s all right.” — Seals & Crofts Have a safe and happy summer everyone. Hope to see you all soon! n

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CALENDAR 2021 Events & Education JUNE AUGUST

4 12

2 3

Wednesday Webinar Virtual

Wednesday Webinar Virtual

SHE-Connects Podcast Discussion Virtual Dennis R Casale Memorial Golf Outing Forsgate Country Club, Monroe Twp.

Community Association Virtual Roundtable Discussion Virtual

15 18 21

18

Wednesday Webinar Virtual

Homeowner Huddle Virtual

SEPTEMBER

Business Partner Essentials Course Location TBD Annual Awards Virtual Ceremony Virtual Annual Awards Celebration The Boathouse at Mercer Lake, West Windsor

23 24 30

1 17 22

Wednesday Webinar Virtual

Beach Party Martell’s Tiki Bar, Point Pleasant

Wednesday Webinar Virtual

Wednesday Webinar Virtual

JULY

OCTOBER

14 21

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

20 21

Pre-Conference Networking Reception Encore Event Center @IPA, Freehold

Wednesday Webinar Virtual

Annual Conference & Expo Encore Event Center @IPA, Freehold

Register for these and other events at www.cainj.org. All events are subject to change .

LEGISLATIVE UPDATE

GEORGE GREATREX, ESQ. PARTNER, HILL WALLACK LLP LEGISLATIVE ACTION COMMITTEE CHAIR

L

ast month I reported to you on three new bills that directly affect common interest communities in New Jersey and which appear to be moving in our legislature: • A5492/S3790 which would institute mandatory board member training • A5493/S3789 which would institute mandatory com- munity manager licensing • A5494/3788 which would provide for the imposition of a fine of up to $2000 against any association that did not timely provide their members access to board meeting minutes Members of your NJ-LAC have already met with the sponsor of these bills and offered our assistance in crafting changes to them that will provide real benefits to those who live and work in common interest communities in New Jersey, while at the same time avoiding imposing onerous regulations on our homeowner leaders and community managers. I also reported on our efforts to pass limited liability pro- tection legislation that would protect CICs from COVID -19 related claims and thereby helping our executive boards safely open their recreational amenities. I am pleased to report that we passed another hurdle in this legislative pro- cess last month when the bill was unanimously voted out of the Senate Community and Urban Affairs committee and on to the full Senate for consideration. As my colleague on the LAC, Ed San George, so aptly reminded us in this column this past March, this protection would not stop such a claim from being made but would protect an association and its representatives from a monetary judgment unless the claimant could prove the actions of the association were grossly negligent, reckless, criminal or fraudulent. It is therefore incumbent on all associations to perform their duties properly and in accordance with law so that when

“Members of your NJ-LAC have already met with the sponsor of these bills and offered our assistance in crafting changes to them that will provide real benefits to those who live and work in common interest communities...” One more thing before I close this month’s column. A bill that has been around for quite some time (A2445) has just been passed out of committee, over your LAC’s objections, and is scheduled soon for a vote in the full Assembly. This bill would prevent condominium associations from assess- ing insurance deductibles (on property damage claims) to individual unit owners or groups of unit owners, even if the damage claimed was caused by the actions or omissions of the unit owner(s). This bill unfairly penalizes the members of a condominium association for the actions or omissions of a single unit owner or group of unit owners who caused the insured damage and could lead to the unintended consequence of association’s having to lessen insurance deductibles (which increases the premium costs) and/or amounts of coverage provided to the association’s unit owners. We will continue to seek amendments to this bill so as to ease the resulting burden on all association members. Welcome Summer! Be safe out there… See you next month. n the decision to reopen their amenities is made, it is done safely. Please continue to reach out to your home district state legislators and encourage them to support these bills (A4979/S3584).

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2021 CAI-NJ COMMITTEES

AWARDS COMMITTEE Michelle Gadaleta — Chair Mary Visco — Vice Chai r

EDITORIAL COMMITTEE Michael Mezzo — Chair Carol Shenk — Vice Chair Robert Arnone, CMCA, AMS Martin Cabalar, Esq. Don Cabrera, CMCA Neeraj Chander Melissa Lathrop, RS Nicole Martone, CMCA, AMS, PCAM Steven Morris, PE, RS Drew Podolski, Esq. Robert Roop, PE Michael Ryan

HOMEOWNER LEADERS COMMITTEE Roslyn Brodsky — Chair Traci Benish

MEMBERSHIP COMMITTEE Kathleen Radler — Chair Nichole Gist — Vice Chair Tara Baldwin, CPA Lysa Bergenfeld, Esq. Roslyn Brodsky Megan Elgard Nikolaos Haralambopoulos, CPA Shannon Hill Debra Rizzi Steve Roderick Ken Shah

Jeanine Clark Drew Cowley Lindsay Cupples Kim Dempsey Annie Gonzales Kari Prout, CMCA Peter Shine Eileen Szelewicki, CMCA Sandi Wiktor Board Liaisons: Loren Lightman, Esq. Jeff Logan Staff Liaison: Jaclyn Oskierko BUSINESS PARTNER COMMITTEE Jessica Vail — Chair Lisa Wagner — Vice Chair

Salvatore Gurriero Vonetta Hawkins Richard Lans Deana Luchs Cheryl Palent Howard Straum Robert Travis, CIRMS Board Liaisons: Vanessa J. Davenport

Amy Shorter Mark Siwiak Briana Walsh Board Liaisons: Charles Lavine Steven Mlenak, Esq.

Charles Lavine Staff Liaisons: Jaclyn Oskierko Robin Surgent LEGISLATIVE ACTION COMMITTEE (LAC)/PAC George Greatrex, Esq. — Chair Matthew Earle, Esq. — Vice Chair Joseph Chorba, CPA — Treasurer Michael Pesce, PCAM — Secretary Elizabeth Comando, CMCA, PCAM — PAC President

Larry Thomas, PCAM Charles Witczak, PE Board Liaisons: Mary Barrett, Esq. Benjamin Basch Staff Liaison:

Staff Liaison: Robin Surgent NETWORKING EVENTS COMMITTEE

Brooke Stoppiello-Nevins F.A.S.T. COMMITTEE Nicole Miller, Esq. — Chair Jessica Baker, Esq. — Vice Chair Chelsea Donnigan

Thomas Asciolla Theresa Beckett Jose Elvir Carrie Fusella Dawn Kearney

Freedom Hildreth — Chair Daniel Reilly — Vice Chair Cathy Brennan Dean Catanzarite Diane Cody, CMCA, PCAM Rhett Cowley Janice Ellery Gary Gleitman Pam Illiano Richard Lang Jessica Marvel Debbie Pasquariello, CIRMS

Paul Raetsch — PAC Vice President James Rademacher — PAC Committee Barbara Drummond, CMCA, PCAM A. Christopher Florio, Esq. Eric Frizzell, Esq.

Eric Eggert Kristi Evans Shelby Evans, CPA, CMCA Ashley Gray, CMCA

Terry Kessler Toni Licciardi Mike Luzzi Kim Manicone Jill Nappi Herman Shauger David Velasco Michael Vennitti Gregory Vinogradsky

Vincent J. Hager, CIRMS Sue Howe, AMS, PCAM Karyn A. Kennedy Branco, Esq. Christine F. Li, Esq. Jim P. Magid, CMCA, PCAM Thomas C. Martin, Esq. Glen A. Masullo, CMCA, PCAM Richard Milder Cheryl Palent J. David Ramsey, Esq. Edward San George, PCAM Board Liaisons:

Steven Kuhnert Regina Lebron Jessica Long Endrick Rodrigues

Sam Schneider Lauren Vadenais Gabe Vitale Kristy Winchock Jose Romero Board Liaisons: Jeff Logan Kristina Munson, CMCA, AMS, PCAM Staff Liaisons: Brooke Stoppiello-Nevins Robin Surgent GOLF COMMITTEE Tom Witkowski — Chair Ross Rutman — Vice Chair Chris Belkot Harold Berlowe Scott Brandle Keith Giliberti, RS Fred Hodge Sal Iozzia Paul Migliore Mike Polulak David Shahrabani Jasmin Shelton Ryan Weiner Paul Wojciechowski Board Liaisons: Tony Nardone, MBA, PCAM Chris Nicosia, CMCA, AMS, PCAM Staff Liaison: Jaclyn Oskierko Hank Johns Lisa Komitor Karl Meth

Chris Rosati David Ross Melissa Volet Erica Taras Kasey Ronan Board Liaisons: Charles Lavine Chris Nicosia, CMCA, AMS, PCAM Staff Liaison: Jaclyn Oskierko WOMEN’S LEADERSHIP COMMITTEE Cheryl Rhine, CIRMS — Chair Martinia Heath, CMCA, AMS — Vice Chair Karen Carway-Meehan, CMCA Jessica Hatton Lirelle Klein

Board Liaisons: Benjamin Basch

Ryan Fleming Staff Liaisons: Jaclyn Oskierko Robin Surgent CONFERENCE & EXPO COMMITTEE Jessica Kizmann, CPA — Chair Jackie Thermidor, CMCA, AMS, PCAM — Vice Chair

Vanessa J. Davenport Steven Mlenak, Esq. Staff Liaisons: Angela Kavanaugh Robin Surgent MANAGER COMMITTEE Denise Becker, CMCA, AMS, PCAM — Chair Dawn Mackanic, CMCA — Vice Chair Raymond Barnes, CMCA, AMS, PCAM Mary Barone, CMCA, AMS Robert Davidson Chuck Graziano, PCAM Erin O’Reilly, CMCA, AMS, PCAM Vincent Rapolla, AMS David Salter, CMCA Kerri Stimpson, CMCA, AMS Elaine Warga-Murray, CMCA, AMS, PCAM Board Liaisons: Kristina Munson, CMCA, AMS, PCAM Tony Nardone, MBA, PCAM

Donna Belkot Joe Bonafede Jay Burak Nicole Camarota, CMCA, AMS

Ellen Comiski Catherine Daly John Echelmeier Saher Gouda Janice Heussler Dorothy Nicklus Kevin Oliver Scott Palmieri Joely Phenes Board Liaisons: Ryan Fleming Jeff Logan Staff Liaison: Jaclyn Oskierko

Georgette Kyriacou Kristin Marzarella Carol Nickerson, CMCA Nicole Skaro, CMCA Mariaellen Varelis Anne Yanarella Board Liaisons: Mary Barrett, Esq. Loren Lightman, Esq.

Staff Liaisons: Jaclyn Oskierko Robin Surgent

Staff Liaisons: Jaclyn Oskierko Robin Surgent

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CAI-NJ 2021 PARTNERS

FWH Associates, P.A. G&C Electronics GAF Hill Wallack LLP Kipcon Inc. McGovern Legal Services, LLC mem property management, co, inc, Rezkom Enterprises, Inc. Taylor Management Company, AAMC, AMO

Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Becker BELFOR Property Restoration Brown & Brown Insurance of Lehigh Valley C & L Services Pavement Maintenance Corner Property Management, AAMC Denali Property Management, Inc. DW Smith Associates, LLC a Subsidiary of PS&S

Technocality, Inc. WilkinGuttenplan

The Falcon Group - Engineering, Architecture & Reserve Specialists

Accent Group Adamas Building Services All County Exteriors

FirstService Residential, AAMC Greenbaum, Rowe, Smith & Davis, LLP Griffin Alexander, P.C. Guardian Service Industries, Inc. Hillcrest Paving & Excavating, Inc. Jesan Construction and Maintenance

PeopleFirst Property & Casualty Services Popular Association Banking Preferred Community Management Services, Inc., AAMC Professional Restoration Services

Alliance Association Bank Amco Pest Services, Inc. Apex Contractors, LLC Becht Engineering BT, Inc. Buckalew Frizzell & Crevina LLP Cowley’s Termite & Pest Control Services Curcio, Mirzaian & Sirot, LLC Cutolo Barros, LLC Dior Construction, Roofing, and Siding Dorothy Gale Roofing Group Environmental Designers Irrigation, Inc.

Quality 1st Contracting, Inc. Rainbow G & J Painting, LLC Regal Restoration RMG, Regency Management Group, Inc., AAMC SageWater Stark & Stark USI Insurance Services Valley Bank Witczak Engineering

JGS Insurance Services L.N. Rothberg & Son, Inc. Lemus Construction, Inc. Mackoul Risk Solutions, LLC

Morris Engineering, LLC National Contractors, Inc. O&S Associates, Inc. Pardini R. Construction Corporation

Accurate Reconstruction AR Management Company EOSSO Brothers Paving Felsen Insurance Services, Inc.

Giordano, Halleran & Ciesla, P.C. Hueston McNulty, P.C. Landscape Maintenance Services, LLC

Radom & Wetter Attorneys at Law The Rahn Companies Renda Roads South Shore Construction, LLC Wilkin Management Group, Inc.

MyPropertyBilling.com, LLC National Cooperative Bank

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:_____________________________________________________________________________________________________ MailingAddress:______________________________________________________________________________________________________ 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

CA-PAC TOP GOLF FUNDRAISER

A SPECIAL THANK YOU TO ALL OF OUR BAY SPONSORS!

ACV Property Management, LLC The Accent Group Anchor Pest Control Becker DW Smith Associates, LLC, a subsidiary of PS&S, LLC EOSSO Brothers Paving FWH Associates, P.A. Greenbaum, Rowe, Smith & Davis, LLP Interstate Power Washing & Restoration JGS Insurance Jesan Construction and Maintenance Services

Thursday, May 20, 2021 EDISON TOPGOLF 1013 US ROUTE 1 • EDISON, NJ • 08817

LA Design & Construction Mackoul Risk Solutions, LLC McGovern Legal Services, LLC

O&S Associates, Inc. Planned Companies Professional Restoration Services LLC Rezkom Enterprises, Inc. Stark & Stark Taylor Management Company, AAMC, AMO Valcourt Building Services

CHAPTER TRENDS

Hank Johns Joins Amco Pest Solutions, Inc. Amco Pest Solutions, Inc. is proud to introduce someone who may be very familiar to you, Hank Johns, as the new Vice

why a particular action should be taken, is the key to develop- ing a strong and fruitful relationship…” Please feel free to contact Hank to help welcome him to Amco! n • All submissions must come from and be about: - A member of CAI-NJ (Manager, Management Company, Board Member, Business Partner or Business Partner Employee) in good standing. • Companies/Communities are permitted four (4) announcements per calendar year. • Submissions are limited to 150 words. - Members are responsible to condense the information appropriately, as CAI-NJ will not do so. Any submissions over 150 words will not be published. • Submissions may include (1) image. • Submissions should not be advertorial in nature. Please note, CAI-NJ reserves the right to edit any submissions. The chapter reserves the right to omit information as necessary. CAI-NJ has the exclusive right to refuse to publish any submissions for any reason. For questions regarding the Chapter Trends section of Community Trends ® , please contact brooke@cainj.org or 609-588-0030. Chapter Trends Editorial Guidelines

President of Operations. Hank is well known in the pest and wildlife control industry and brings over 26 years of experience with him. He has helped increase business growth, trained and managed technicians and office staff in both industries, as well as in the home construction industry. He has been

Hank Johns

involved with numerous organizations, such as CAI. Having several years’ experience on the community management side of the desk, Hank knows what it takes to serve a community and ensure residents are happy and well taken care of. He has spent many years dedicated to customer service and truly believes in being honest, first and foremost, and educating his clients every step of the way. “Helping someone to understand more about what they should be looking for in a service, or

SAVE THE DATE

HOMEOWNER HUDDLE NETWORKING FORUM FRIDAY, JUNE 18, 2021 10:00 AM - 11:30 AM Join us on this virtual networking forum where we will break out into rooms for 15 minutes with starter topics. Our Homeowner Leader Committee representatives will facilitate and monitor the conversation. Don’t miss this great opportunity to network and learn! Visit www.cainj.org to register today!

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WHAT SHOULD YOU BE THINKING ABOUT RIGHT NOW? COMMUNITY ASSOCIATION COVID-19 UPDATE T he Community Trends ® What Should You be Thinking About Right Now? — Community Association COVID-19 Update is a monthly feature in every issue in 2021. While upcoming issues of Community Trends ® will include featured articles relating to COVID-19 and its impact on community associations in New Jersey, the Community Association COVID-19 Update provides direct, bullet-point style updates of the latest relevant COVID-19 information available at the time of publication. For the most up to date official information relating to COVID-19 in New Jersey, readers are encouraged to visit the State of New Jersey’s dedicated COVID-19 Information HUB at https://covid19.nj.gov/

UPDATE FOR JUNE 2021:

VACCINATION ELIGIBITY As of June 2021, everyone 12 years or older who lives, works or studies in New Jersey is eligible for a COVID -19 vaccination. Vaccines are available at locations throughout the State, which are identified online by visiting www.Covid19.nj.gov/pages/finder. Some locations, such as the New Jersey megasites, allow for “walk-in” vaccinations. Seniors can call a senior-specific hotline for help making an appointment. The number is (856) 249-7007 and is open from 8:00 am until 8:00 pm daily.

and private catered events is now expanded to 50% of the room’s capacity, but no more than 250 people total. Social distancing is still required. For general outdoor gatherings, the capacity limit is 500 with social distancing. For outdoor weddings, funerals, etc., there is no outdoor capacity limit. Although the Center for Disease Control (CDC) recently revised its recommendations for mask wearing by vaccinated individuals, New Jersey still imposes masks for indoor events and some outdoor events, in addition to social distancing. Please check New Jersey’s online COVID -19 information HUB for the latest information: www.covid19.nj.gov Please note that certain communities may opt to impose more restrictive COVID -19 guide- lines. Residents are encouraged to check with management companies and/or board repre- sentatives for the most up to date information on community-specific guidelines. n

SOCIAL DISTANCE PROTOCOLS FOR COMMUNITY LIVING

Governor Murphy signed Executive Orders 204 and 225, which adjusted the COVID -related guidelines for indoor and outdoor gatherings. As of Wednesday, May 19, 2021, the indoor gathering limit increased to 50 people and applies to most social gatherings, including indoor birthday parties in homes. Gatherings for events such as weddings, funerals

CAI-NJ would like to thank this month’s contributor, Editorial Committee Member, Andrew Podolski, Esq. Stark & Stark.

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Radburn’s ELECTION REQUIREMENTS for Smaller Communities By Steven G. Mlenak, Esq., Greenbaum, Rowe, Smith & Davis LLP

Blablo101 and primulakat/iStock/Getty Images Plus

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• How will members be given notice of the election? • How can members nominate themselves or other members in good standing as a can- didate in the election? • How will the qualifications of candidates be reviewed to confirm that the candidate is qualified for election to the board? • How will the association ensure that its mem- bers can be provided access to information on how and when to vote? • How will ballots be counted and the eligibility of voters be verified? Such procedures must be in conformance with the asso- ciation’s governing documents. For example, if the bylaws require the association to send notice of the meeting no later than fourteen (14) days prior, the board cannot adopt pro- cedures that allow for a shorter notice period. Further, the DCA has adopted regulations that place some additional limitations on smaller associations. With respect to notice,

uch has been written about the impact that P.L. 2017, c.106 – commonly referred to as the Radburn Law – and regulations promulgated

under the legislation by the Department of Community Affairs (DCA) in 2020, have had on common interest com- munities in New Jersey. While much of the Radburn Law and its attendant regulations apply equally to communities of all sizes, the law has separate requirements related to elections for communities with less than 50 units. For prop- erty managers and attorneys that represent associations of various sizes, it is important to recognize these distinctions when preparing smaller associations for their elections. For communities with 50 or more units, the Radburn Law imposes specific requirements on all aspects of the election process including the term length for members, the nomina- tion of candidates, meeting notice requirements, the tabu- lation of votes, tenant voting rights, etc. For communities with less than 50 units, however, the Radburn Law simply requires that the association adopt election procedures that meet minimum requirements. These procedures must include provisions that address the following questions:

CONT I NU E S ON PAGE 22

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the regulations require the timeframe to be between fourteen (14) and thirty (30) calendar days prior to the election. The regulations also require that any member in good standing can be nominated or can self-nominate themselves as a candidate. At least fourteen (14) days before the election, the association must notify any resident who is not in good standing and must

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provide the reason why. The notice must state that the resident can contest that the resident is not in good standing by requesting alternative dispute resolution. Provisions for write-in candidates may be established in the bylaws of the association. In the event a write-in candidate receives sufficient votes to be elected but is not eligible, such candidate shall not be deemed to have been elected. If this results in a vacancy on the board, the eligible candidate receiving the next highest

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number of votes shall be deemed to have been elected. There are additional provisions of the Radburn Law and its regulations that apply to associations of all sizes as well. These include the following: 1. Frequency of Elections. If the association’s governing documents do not provide a specific time or interval, elections shall be held at two-year intervals. 2. Proxies. If an association allows proxies to be used, the proxy form prepared by the association must contain a prominent notice that use of the proxy is voluntary on the part of the granting owner, that it can be revoked at any time before the proxy holder casts a vote, and that absentee ballots are available.

CONT I NU E S ON PAGE 24

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RADBURN... from page 23.

ducted in a manner consistent with the Nonprofit Corporation Act, the Radburn Law expressly provides that such requirement is not imposed on associations with fewer than 50 units, meaning that in these smaller associations, the tabulation of votes can be conducted in a method that works best for that association as set forth in their election procedures. 4. Allocation of Votes. Each owner shall be entitled to an equal number of votes per unit except (a) where the governing documents provide for the voting interest to be proportional to a unit’s value or size, (b) where the governing documents permit more than one vote to be cast by each unit

on an equal basis or a basis consis- tent with each unit’s value or size; or (c) where the governing documents do not set forth the number of votes that may be cast by each unit, then in accordance with a rule adopted by the board that allows more than one vote to be cast by each unit, provided such rule assigns an equal number of votes to each unit. 5. Low- and Moderate-Income Housing. Election procedures cannot be established that would prohibit participation by the resi- dents of low- and moderate-income housing units. 6. Petition for Election. If an asso- ciation has not held an election in compliance with its governing doc- uments in two or more years, it must hold an election within 90 days of the submission of a petition signed by 25% or more of the members in good standing, or the minimum num- ber of members in good standing that constitute a quorum, whichever is greater. 7. No Board. If an association has no board members, any associa- tion member or group thereof may, at common expense and upon writ- ten notice to all owners, petition the court for authority to act temporarily on behalf of the association and to organize an election. While the rules differ somewhat between associations with fewer or greater than 50 units, the spirit of the Radburn Law and its regulations provide the same requirements for associations of all sizes: that asso- ciation elections be conducted in a manner that is fair, equal, and transparent. n

Absentee ballots must be made available if proxies are permitted. 3. Voting. The association must keep any depository for physical ballots secured. The ballots must be cast anonymously. This typically requires the use of a double envelope sys- tem where the voter will cast his/ her vote on an unsigned ballot, seal it in an unmarked envelope, and then seal that envelope into a larger envelope which is mailed or otherwise provided to the asso- ciation. Whereas the counting of votes for associations must be con-

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COVID-19 AND SWIMMING POOLS — Updated Regulations for Associations in Deciding Whether and How to Reopen

By Loren Rosenberg Lightman, Esq., Hill Wallack LLP, President of CAI-NJ Board of Directors Benjamin Basch, American Pool Enterprises, Secretary of CAI-NJ Board of Directors

s we head into the summer of 2021 pool season, the questions and concerns raised about whether to and how community associations should open asso- ciation amenities during the COVID -19 pandemic became stronger and louder. In light of the new Executive Orders and the vaccine availability, many communities found themselves revisiting their options for the 2021 pool season. This article will summarize the revised regulations announced by the state in recent weeks. On May 7, 2021, the NJ Department of Health (DOH) issued updated regulations on “Pools and Aquatic Recreation Facility Standards” that went into effect on May 19, 2021. The regulations, interpreted as applying to pools located within community associations, tweaked but did not eliminate previous DOH pool regulations. A new role designation, COVID Point of Contact, was specified combining the respon- sibilities of the COVID Contact Person and the Ambassador from previous guidance. It indicated that the position could be covered by existing staff, volunteers or third parties, as long as it did not fall on active duty lifeguards. It remains advisable to consider retaining an outside vendor to perform this task for insurance and liability purposes. The minimum cleaning fre- quency for frequently touched surfaces within the pool facility and bathrooms was relaxed from several times a day to just one time daily. A

With the adoption of Executive Order No. 239 on May 13, 2021, effective May 19, 2021, Governor Murphy relaxed many of the restrictions that were implemented during the pandemic. While the EO removed percentage capacity limits for indoor and outdoor business, it still imposed requirements that facilities limit occupancy in order to ensure social distancing of six feet between individuals or groups of individuals entering a facility together. The regulations were applicable to indoor and outdoor pools so that even though percentage capacity limits were no longer relevant, capacity limits were still governed by limits imposed by social distancing requirements. Then, on May 20th, the Governor issued Executive Order No. 241, which eliminated masking requirements in most outdoor settings. It therefore seemed that while pool patrons did not have to wear masks outdoors with a couple of excep- tions, a very relevant exception in the community association realm was outdoor swimming pools due to existing state reg- ulations applying specifically to pools. The question left open was whether and how soon the DOH would issue updated regulations reflecting the recent executive orders pertaining to capacity limits and mask requirements. That question was answered on May 19, 2021, when the DOH issued revised regulations applicable to indoor and outdoor pools. Congruent with the governor’s Executive Order CONT I NU E S ON PAGE 28

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Be sure to also catch the Virtual Awards Presentation on Wednesday, June 23! Link to view available at www.cainj.org

THURSDAY, JUNE 24, 2021 The Boathouse at Mercer Lake 334 S Post Road West Windsor Township, NJ 08550

REGISTRATION FORM

Payment Methods: 1. Pay by check, payable to CAI-NJ. Mail completed form and payment to: CAI-NJ, Attn: Awards Celebration 500 Harding Road, Freehold, NJ 07728 2. Pay by credit card: Cardholder Name: ________________________________________ Card Number: ___________________________________________ Exp. Date: _____________________ Sec.: _____________________ Signature*: _____________________________________________ Billing Address: __________________________________________ City, State, Zip: __________________________________________ *Cardholder acknowledges receipt of goods and/or services in the amount of the total shown hereon and agrees to perform the obligations set forth in the cardholder’s agreement with issuer. PLEASE NOTE: ALL PARTICIPANTS MUST FILL & SIGN OUR COVID RELEASE WAIVER. IF YOU ARE REGISTERINGMORE THAN ONE PERSON, EACH REGISTRANT ATTENDINGMUST FILL & SIGN SEPARATELY. By registering for a CAI-NJ event, the registrant acknowledges that they are re- sponsible 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 17th, 2021 for a refund to be provided, swaps can be made at any time. MUST BE AMEMBER IN GOOD STANDING TO ATTEND THIS EVENT.

Name/Designation: __________________________________________ Company: __________________________________________________ Address: ___________________________________________________ City, State, Zip: ______________________________________________ Phone: _____________________________________________________ Email:______________________________________________________ Note: Ultimate Partners receive 4 tickets, Elite Partners receive 2 tickets and Premier Partners receive 1 ticket. _______ # of partnership tickets _______$150/person Please list any additional registrations. 2. Name: ___________________________________________________ Company: ________________________________________________ Email: ____________________________________________________ 3. Name: ___________________________________________________ Company: ________________________________________________ Email: ____________________________________________________ 4. Name: ___________________________________________________ Company: ________________________________________________ Email: ___________________________________________________ 5. Name: ___________________________________________________ Company: ________________________________________________ Email: ____________________________________________________

Pre-registration required. Questions or to submit registration email Jaclyn@cainj.org

*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.