CAI-NJ June 2022 Community Trends

June 2022 Community Trends

®

FAQ S

ASK THE EXPERTS

In This Issue • CommunityAssociation FAQs: Legal Edition • Top 5 FAQs for CommunityAssociation Managers • Ask an Engineer —Their Top 5 FAQs • The Top Five — FAQs for a CommunityAssociation Insurance Professional • FAQs for General Contractors • The Top FAQ for a CommunityAssociation Banker • Drowning Prevention in Your Community ....and more

The Community Associations Institute New Jersey chapter would like to thank its 2022 Ultimate Partners below. For more information on our sponsorships, please contact CAI-NJ at 609-588-0030 or info@cainj.org.

T hank You Fo r You r Suppo r t !

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS

12 Community Association FAQs: Legal Edition By Jonathan H. Katz, Esq. Hill Wallack LLP 18 Top 5 FAQs for Community Association Managers By Jackie Thermador, CMCA, AMS, PCAM Associa - Community Management Corp. of New Jersey, AAMC 24 Ask an Engineer — Their Top 5 FAQs By Robert N. Roop, P.E. Lockatong Engineering, Inc. 30 The Top 5 — FAQs for a Community Association Insurance Professional By Cheryl Rhine, CIC, CIRMS, EBP USI Insurance Services 38 FAQs for General Contractors By Shari Puterman Regal Restoration USA 42 The Top FAQ for a Community Association Banker By Jessica Marvel, EBP National Cooperative Bank 44 Drowning Prevention in Your Community By Benjamin Basch, EBP American Pool Enterprises 46 Management Trends: Working Remotely — Where Do We Go From Here? By Bob Rogers, CMCA, AMS Corner Property Management, LLC, AAMC

18

12

30

24

38

42

46

44

EXTRAS President’s Corner

5

2022 CAI-NJ Conference & Expo — Save the Date

41

Looking Ahead

6

Community Leadership Summit Registration

43

CAI-NJ Upcoming Events

7

Ultimate Night Out — Jersey Shore Blue Claws Game Information

44

Legislative Update

8

CMCA Exam Study Group – Coffee & Cram Information

Chapter Trends

11

47

CA-PAC Top Golf Fundraiser Recap & Photos

21

New Members

50

PAC the Rooftop — Networking Event Recap & Photos

22

CAI Membership Application

51

2022 Webinar Wednesdays

25

Manager Best Practices Roundtable Discussion and Networking Reception Registration Business Partner Best Practices Roundtable Discussion and Networking Reception Registration

60

Beach Party — Save the Date

33

Homeowner Huddle Networking Forum Information

35

61

F.A.S.T. CAI-NJ Olympics Registration

37

June Lecture Series Registration

63

Board Leadership Development Workshop Information

39

2022 Ultimate Partner Listings

64

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CAI-NJ BOARD OF DIRECTORS EXECUTIVE COMMITTEE

PRESIDENT JEFFREY LOGAN GUARDIAN SERVICE INDUSTRIES, INC.

VICE PRESIDENT CHRISTOPHER NICOSIA, CMCA, AMS, PCAM PRIME MANAGEMENT, INC., AAMC

PRESIDENT ELECT TONY NARDONE, MBA, PCAM CORNER PROPERTY MANAGEMENT, LLC, AAMC

TREASURER STEVEN MLENAK, ESQ. GREENBAUM, ROWE, SMITH & DAVIS, LLP

SECRETARY BENJAMIN BASCH, EBP AMERICAN POOL ENTERPRISES

BOARD MEMBERS

Mary Barrett, Esq. Stark & Stark Attorneys at Law Business Partner Ryan Fleming, EBP JGS Insurance, A Baldwin Risk Partner

Kristina Munson, CMCA, AMS, PCAM RCP Management Company, AAMC, AMO Community Association Manager Carol Nickerson, CMCA FirstService Residential, AAMC Community Association Manager Robert Travis, CIRMS Long Beach Commons Condominium Association Homeowner Leader

Business Partner Charles Lavine Traditions at Federal Point Condominium Association Homeowner Leader

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

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

IMMEDIATE PAST PRESIDENT Loren Lightman, Esq. Hill Wallack LLP

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PRESIDENT’S CORNER Jeffrey Logan 2022 CAI-NJ PRESIDENT GUARDIAN SERVICE INDUSTRIES, INC.

CAI-NJ TEAM

CAI is Like a Family I n May I was honored to attend the 2022 Community Associations Institute National Conference in Orlando, Florida. I along with approximately 50-60 other members within our chapter attended networking events, educational sessions, the trade show, and enjoyed some great food, drinks, and Disney character sightings. I had some time to reflect on the conference over the last few weeks and as I will take back some powerful and motivational lessons from some of the keynote speakers, the thing that I keep reflecting on was witnessing firsthand how our New Jersey chapter is, “like a family.” We hosted a New Jersey Happy Hour one of the nights in Orlando, and just watching everyone converse and catch up in the sunshine state, not just talking about work, but about our families, hobbies, and so much more was remarkable to see. Some of our members in attendance have known each other for thirty plus years and have seen each other through milestones in each other’s lives. I also had the opportunity to meet some new faces at our NJ event and I felt like I have known them for years. It just goes to show, we are a family! Regardless of if you’re in the same field as others, or do something totally different as a profession, the bond and connections I witnessed, made this trip one to remember. Let’s continue to grow and get to know each other for years to come. Next time you’re at an event, it doesn’t always have to be about work, ask others about what they do for fun or if they have any trips planned for the summer. You never know where the conversation will go, and it could lead to a long-lasting friendship. I know I have developed so many over the last 15 years, and the memories will last forever. June’s Impactful Leader Donna Belkot Taylor Management Company, AAMC, AMO Donna is a member of the Community Associations Institute (CAI) and IREM (Institute of Real Estate Management) and has successfully completed and is certified in Risk Management and Control. She has served on various committees within CAI-NJ, as well as serving on the Board of Directors for 6 years. Donna’s property management experience has consisted of apartments, commer cial properties, cooperatives and all aspects of residential community association management. Besides being a community manager, Donna has also held senior and executive positions within the property management industry. She has an excellent reputation with board members and professionals in the business. Her commitment, attention to detail and her knowledge of the industry assists her in developing long term business relationships with each of her clients.

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 PROGRAM COORDINATOR JENNIFER@CAINJ.ORG GAIL BONUS ADMINISTRATIVE ASSISTANT GAIL@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

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CAI-NJ

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LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

C AI National hosted their annual conference a few weeks ago in Orlando, Florida, where I had the opportunity to join members of our chapter for an event-filled week. CAI President, Jessica Towles, CMCA, AMS, PCAM, kicked off one of the general sessions, remind ing us of the history of CAI, and how and why the organi zation was founded almost 50 years ago, in 1973. The origin of CAI can be credited to the joint venture of the ULI, NAHB, the U.S. League of Savings and Loan Associations, the Veterans Administration, the U.S. Department of Housing and Urban Development, builder/developers and community association professionals. However, nine years prior, Byron Hanke, one of CAI’s founders, had a vision, recognizing the need to educate and create best practices for Common Interest Communities (CICs). Thanks to the founder’s dedication and all the members that followed, CAI is an international organization with 64 chapters, providing education and timely resources, promoting professionalism in the industry, and advocating for those living in CICs, with the New Jersey chapter serving over 2,600 members. At the National Awards Ceremony, our chapter was presented with the Best Net Growth (7.2%) award for an extra-large chapter in the 2021 calendar year. Additionally, the Award of Excellence in Government and Public Affairs was given to chapter member, Mitchell H. Frumkin, RS, PE as he was recognized for his work on the Building Inspections Task Force. One of the highlights of my week, in true New Jersey style, we took the time to connect, strengthening our relationships and making new connections. The chapter hosted a cocktail party, and I was overwhelmed by how many of our members attended. I recall standing there stunned by the constant stream of friends walking through the doors, reminding me of the relationships that we have all built, the feeling of family, and how much we respect and enjoy one another. I hope you can join us at the 2023 CAI National Conference taking place May 17- 20 in Dallas, Texas. I’m sure that it will be another fantastic event.

This month’s issue of Community Trends ® is the FAQs – Ask the Experts issue. • Ask an Engineer – Their Top Five FAQs by Robert N. Roop, P.E., Lockatong Engineering Inc. discusses what to consider during a construction project and the impor tance of construction monitoring during the process. • The Top FAQ for a Community Association Banker by Jessica Marvel, EBP, National Cooperative Bank, discusses the different types of loans offered for capital projects and what their benefits are. • FAQs for General Contractors by Shari Puterman, Regal Restoration USA, gives us insight on what the contractor must consider during the construction process to best serve their customers. • The Top 5 – FAQs for a Community Association Insurance Professional by Cheryl Rhine CIC, CIRMS, EBP, Vice President, USI Insurance Services, discusses what to consider when your community association is shopping for insurance coverage and the importance of ensuring that your policy is adequately meeting your needs. • Community Association FAQs: Legal Edition by Jonathan H. Katz, Esq., Hill Wallack LLP, gives the answers to the top general questions posed to commu nity association attorneys. • Top Five FAQs for Community Association Managers by Jackie Thermidor, CMCA, AMS, PCAM President, Associa Community Management Corporation of New Jersey, AAMC, explains the roles and responsibilities of the community association manager and board. • Management Trends by Bob Rogers, CMCA, AMS, Corner Property Management, LLC, AAMC, recom mends how professional managers can meet their board’s expectations while striking the right balance between remote and in-person work. • Drowning Prevention in Your Community by Benjamin Basch, EBP, American Pool Enterprises, gives some helpful

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CALENDAR 2022 Events & Education

JUNE

AUGUST Board Leadership Development Workshop CAI-NJ Office, Freehold

2 9

3-4 18

NJ & PA Joint Networking Event Lambertville Station Restaurant & Inn, Lambertville

Homeowner Huddle Virtual

ULTIMATE Night Out Jersey Shore BlueClaws Stadium, Lakewood

14 21

Dennis R Casale Memorial Golf Outing Forsgate Country Club, Monroe Twp. Lecture Series - Electric Vehicle Charging Stations Rossmoor Community Association, Monroe Twp. Joint Manager & Business Partner Best Practices Roundtable Discussion & Networking Reception Forsgate Country Club, Monroe Twp.

SEPTEMBER Beach Party

15 21 29

Martell’s Tiki Bar, Pt. Pleasant

Wednesday Webinar Virtual

28

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

29

Wednesday Webinar Virtual

OCTOBER

5 6 19 20

JULY

Wednesday Webinar Virtual

13 14

F.A.S.T. Olympics Thompson Park, Monroe Twp.

CA-PAC 9 & Nosh Concordia Golf Club, Monroe Twp.

Coffee & Cram - CMCA Study Group CAI-NJ Office, Freehold

Pre-Conference Networking Reception The Event Center @iPA, Freehold

20 27

Community Association Leadership Summit Versailles Ballroom at the Ramada, Toms River

Annual Conference & Expo The Event Center @iPA, Freehold

Wednesday Webinar Virtual

NOVEMBER Wednesday Webinar Virtual 9 DECEMBER Wednesday Webinar Virtual

7 8 8

Annual Meeting & Chapter Retreat Grand Marquis, Old Bridge

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

Winter Break Party Grand Marquis, Old Bridge

LEGISLATIVE UPDATE

MATTHEW Z. EARLE, ESQ. KATES, NUSSMAN, ELLIS, FARHI & EARLE, LLP LEGISLATIVE ACTION COMMITTEE CHAIR

D uring May, legislative activity slowed down consid erably due to budget negotiations. However, we expect activity to pick back up in the coming days and weeks. Currently, the LAC is addressing the following priority topics: • Accessory Dwelling Unit (“ADU”) Legislation — There are various pending bills which have been introduced that are intended to make ADU housing easier to construct and develop at existing residential properties in order to address New Jersey’s significant housing shortage. The term ADU refers to the construction of an additional apartment or housing unit as an existing res idential lot. The LAC has spoken with many of the key legislators involved in this process in order to have an input regarding how these pieces of legislation impact Common Interest Communities (CICs), since the construc tion of additional dwelling units may significantly impact the CICs in areas such as use of amenities, sufficiency of parking, and the amount of dues to be paid. • Building Safety — The LAC’s building safety task force has drafted building safety legislation that will ensure that disas trous collapses such as what occurred at Surfside will not happen in New Jersey. The LAC is in contact with Senator Singleton, the Chair of the Senate Housing Committee, Assemblywoman Lopez, Chair of the Assembly Housing Committee, and various other members of the legislature about this critical legislation. We expect a bill to be intro duced by the publication of this article. • A3618 Including Fire Hydrant Maintenance in Municipal Services Act — Assemblywoman Quijano has, after discussions with the LAC introduced a bill to include fire hydrant maintenance as part of the Municipal Services Act, which either require the municipality to undertake the maintenance or reimburse the CIC. We are in discussions with various legislators to identify a Senate sponsor and to gather support for the bill.

“CAI filed a petition with the Department of Community Affairs (“DCA”) challenging various aspects of the ‘Radburn’ Regulations which relate to, among other things, CIC elections.” (“DCA”) challenging various aspects of the “Radburn” Regulations which relate to, among other things, CIC elections. The DCA agreed with certain challenges and will be drafting amended regulations reflecting same. However, many of the key issues raised were rejected by the DCA, and CAI has re-filed an appeal with the Appellate Division with respect to challenged regulations that the DCA did not agree to modify. Of course, there are many other pieces of legislation that we are monitoring, supporting, opposing, and seeking to amend. We will keep you fully informed if and when these bills come to fruition. Finally, I would ask that all of CAI-NJ’s members support our PAC, which does vital work in raising funds that are utilized in the PAC’s targeted contribution program developed by our legislative professionals, MBI Gluckshaw. n • Uniform Common Interest Ownership Act (“UCIOA”) — The Governor’s statement vetoing the UCIOA foundation bill in 2021 that was passed by both houses questioned why only part of the model legislation was introduced. Therefore, we are seeking input from the Governor’s office regarding whether there is an actual appetite to address New Jersey’s plethora of CIC laws in a holistic way. • Radburn Litigation — As many of you know, CAI filed a petition with the Department of Community Affairs

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2022 CAI-NJ COMMITTEES

AWARDS COMMITTEE Mary Visco — Chair Annie Gonzales — Vice Chair Lindsay Bartlett-Cupples, EBP Neil Betoff

EDITORIAL COMMITTEE Carol Shenk, EBP — Chair Nicole Martone, CMCA, AMS, PCAM — Vice Chair Robert Arnone, CMCA, AMS Don Cabrera, CMCA Neeraj Chander

HOMEOWNER LEADERS COMMITTEE Vonetta Hawkins — Chair Howard Staum — Vice Chair Bruce Blum Roslyn Brodsky Barbara Finn Charles Fredericks Lois Gerber Salvatore Gurriero

MEMBERSHIP COMMITTEE Nichole Gist — Chair Tara Baldwin, CPA — Vice Chair Lysa Bergenfeld, Esq. Megan Elgard, EBP Nikolaos Haralambopolous, CPA Kathleen Radler Brent Rivenburgh, EBP Stephen Roderick, EBP Nikki Schillaci, EBP Ken Shah Amy Shorter, EBP Rob Wurst Board Liaisons: Charles Lavine Chris Nicosia, CMCA, AMS, PCAM

Jeanine Clark Drew Cowley Kim Dempsey Rebecca Gavin Craig Gotilla

David Dockery, Esq. Jonathan Katz, Esq. Michael Mezzo, CPA, MBA Steven Morris, PE, RS Casey Sky Noon Drew Podolski, Esq. Robert Roop, PE Michael Ryan Larry Thomas, PCAM Board Liaisons: Mary Barrett, Esq. Brooke Stoppiello-Nevins F.A.S.T. COMMITTEE Jessica Baker, Esq. — Chair Steven Kuhnert — Vice Chair Jonathan Cairone Chelsea Donnigan Eric Eggert, CIRMS Shelby Evans, CPA, CMCA Jeffrey Logan Staff Liaison:

Keira Hauck Richard Lans Cheryl Palent Ernie Standard Danita Susi Board Liaisons: Charles Lavine Robert Travis, CIRMS

Dan Jazwinski Lila Khiry Cirillo Christine Maldonado

Liza Mandelbaum Kari Prout, CMCA Eileen Szelewicki, CMCA Sandi Wiktor Board Liaisons: Jeffrey Logan Tony Nardone, MBA, PCAM Staff Liaison: Jaclyn Oskierko BUSINESS PARTNER COMMITTEE David Velasco — Chair Gregory Vinogradsky, Esq., EBP — Vice Chair

Staff Liaison: Robin Surgent NETWORKING EVENTS COMMITTEE Daniel Reilly — Chair Jessica Marvel, EBP — Vice Chair Donna Belkot Dean Catanzarite Diane Cody, CMCA, PCAM Lawrence Cullari Catherine Daly Frank Fasolo Gary Gleitman Freedom Hildreth Pam Illiano Richard Lang, EBP Laura McIntyre, EBP Debbie Pasquariello, CIC, CIRMS, EBP Carmen Reino Kasey Ronan David Ross Rachel Rutman Sal Sciallo Nicole Skaro, CMCA, EBP Melissa Volet, Esq. Board Liaisons: Charles Lavine Carol Nickerson, CMCA Staff Liaison: Jaclyn Oskierko WOMEN’S LEADERSHIP COMMITTEE Martinia Heath, CMCA, AMS — Chair Lirelle Klein — Vice Chair Amani Abdellah Jamie Cullen Ellen Goodman Cara Landolfi Kristin Marzarella Gail McDermid Jennifer Nevins, CMCA, EBP Jennifer O’Brien Cheryl Rhine, CIC, CIRMS, EBP Christina Sanclimenti

Staff Liaisons: Jaclyn Oskierko Robin Surgent LEGISLATIVE ACTION COMMITTEE (LAC)/PAC Matthew Z. Earle, Esq. — Chair Edward San George, PCAM — Vice Chair Jackie Thermidor, CMCA, AMS, PCAM — Secretary Joseph Chorba, CPA — Treasurer Elizabeth Comando, CMCA, PCAM — PAC President Andrew Podolski, Esq. — Vice President James Rademacher, EBP — PAC Committee Jennifer Alexander, Esq. Roslyn Brodsky Barbara Drummond, CMCA, PCAM

Thomas Asciolla, EBP Theresa Beckett, EBP Jordan Burkhalter Jennifer Carr George Caso Martinez Carrie Fusella Michael Kaminski Terry Kessler, Esq., EBP Toni Licciardi Michael Luzzi, EBP Kim Manicone Donna Meyer, EBP Darric Mitchell, EBP Ben Mitrou Jason Sponzilli Perry Stavridis Jessica Vail, EBP Michael Vennitti, EBP Board Liaisons: Benjamin Basch, EBP Ryan Fleming, EBP

Kristi Evans Jessica Long Will Meola Matt Rahn

Jose Romero Dharmi Shah Peter Shine, EBP Erica Taras

George Greatrex, Esq. Vincent Hager, CIRMS Mitchell Frumkin, RS Karyn Kennedy-Branco, Esq. J. David Ramsey, Esq. Lisa Rayca, CMCA, AMS John Reichart Alexander Scheffer, CMCA Carol Shenk Board Liaisons: Richard Milder Cheryl Palent

Lauren Vadenais, EBP Kristy Winchock, EBP

Board Liaisons: Benjamin Basch Kristina Munson, CMCA, AMS, PCAM Staff Liaisons: Brooke Stoppiello-Nevins Robin Surgent GOLF COMMITTEE

Steven Mlenak, Esq. Robert Travis, CIRMS Staff Liaisons: Angela Kavanaugh Robin Surgent

Ross Rutman, EBP — Chair Fred Hodge — Vice Chair Chris Belkot

Staff Liaisons: Jaclyn Oskierko Robin Surgent CONFERENCE & EXPO COMMITTEE Joe Bonafede — Chair Saher Gouda, EBP — Vice Chair Jay Burak Nicole Camarota, CMCA AMS Angela Celeste Ellen Comiski, CMCA

Harold Berlowe Robert DeSantis Keith Giliberti, RS Sal Iozzia Hank Johns, EBP Lisa Komitor Victoria Lazaro Cathy Mango, EBP Karl Meth, Esq. Paul Migliore

MANAGER COMMITTEE Vincent Rapolla, AMS — Chair Mary Barone, CMCA, AMS, PCAM — Vice Chair Michael Flippin, CMCA, AMS, PCAM Ashley Gray, CMCA Chuck Graziano, PCAM Anthony Nazzaro Bob Rogers, CMCA, AMS Elaine Warga-Murray, CMCA, AMS, PCAM Michelle Williams, CMCA, AMS Board Liaisons: Kristina Munson, CMCA, AMS, PCAM Carol Nickerson, CMCA

John Echelmeir Michelle Gitlen Shelia Green-Barnhill, CMCA Jessica Kizmann, CPA Scott Palmieri Priscilla Saint-Laurent Holly Teufel Board Liaisons: Ryan Fleming, EBP Chris Nicosia, CMCA, AMS, PCAM Staff Liaison: Jaclyn Oskierko

Wayne Napolitano Mike Polulak, Esq. Lisa Rayca David Salter David Shahrabani, EBP Jasmin Shelton Ryan Weiner Charles Witczak Paul Wojciechowski Board Liaisons: Steven Mlenak, Esq. Tony Nardone, MBA, PCAM Staff Liaison: Jaclyn Oskierko

Jaime Schneider Mariaellen Varelis Anne Yannarella, EBP Katie Zsamba Jill Zulin Board Liaisons: Mary Barrett, Esq. Kristina Munson, CMCA, AMS, PCAM

Staff Liaisons: Jaclyn Oskierko Robin Surgent

Staff Liaisons: Jaclyn Oskierko Robin Surgent

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CAI-NJ 2022 PARTNERS

FWH Associates, P.A. GAF Hill Wallack LLP Kipcon Inc. McGovern Legal Services, LLC mem property management, co, inc, PS&S, LLC PuroClean of Hoboken, Jersey City, Fort Lee Rezkom Enterprises, Inc. Taylor Management Company, AAMC, AMO

Alliance Association Bank 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. The Falcon Group - Engineering, Architecture & Reserve Specialists

Technocality, Inc. WilkinGuttenplan

Accent Group Access Property Management Adamas Building Services All County Exteriors Amco Pest Solutions, Inc. Anchor Pest Control Becht Engineering BT, Inc. Buckalew Frizzell & Crevina LLP Capital One Bank N.A. New Jersey

FirstService Residential, AAMC Greenbaum, Rowe, Smith & Davis, LLP Griffin Alexander, P.C. Guardian Service Industries, Inc. Innovative Pressure Cleaning, LLC The Jesan Companies JGS Insurance, a Baldwin Risk Partner KPI2 Enterprises, Inc.

O & S Associates, Inc. Pacific Western Bank Pardini R. Construction Corporation PeopleFirst Property & Casualty Services Popular Association Banking Preferred Community Management Services, Inc., AAMC Quality 1st Contracting, Inc. Rainbow - G & J Painting, LLC Regal Restoration USA Republic Services of New Jersey, LLC SageWater Servpro of Howell/Wall Stark & Stark Attorneys at Law USI Insurance Services Valley Bank Witczak Engineering

Lemus Construction, Inc. L.N. Rothberg & Son, Inc. Mackoul Risk Solutions, LLC Morris Engineering, LLC National Contractors, Inc. National Cooperative Bank One Call Roofing & Siding

Clearview Washing, LLC Cowleys Pest Services Curcio Mirzaian Sirot, LLC Cutolo Barros, LLC

Dior Construction, Roofing, and Siding Environmental Designers Irrigation, Inc.

Renda Roads, Inc. South Shore Construction, LLC STAR Building Services Two Men Property Services Group, Inc Wilkin Management Group, Inc.

Accurate Reconstruction AR Management Company Design East, Inc. Eosso Brothers Paving Felsen Insurance Services, Inc.

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

Lawley Services, Inc. MyPropertyBilling.com Radom & Wetter

CHAPTER TRENDS Olivia Cash Joins the Morris Engineering Team!

Clearview Washing Announces Increase in Umbrella Policy Clearview Washing has recently increased its Umbrella Policy to $5 MILLION! After winning the contract to per

Olivia is a recent graduate with a bach elor’s degree in Mechanical Engineering from The College of New Jersey. During her time at TCNJ, Olivia utilized her pas sion for design and problem-solving in co-founding a small business and assisting

form High Rise Window Cleaning at Steven’s Institute of Technology’s newly constructed 21 story North Tower and 19 story South Tower Clearview had to make the increase. “As we contin ue to grow and become a big player in the High-Rise Industry, we are see ing insurance requirements increase accordingly” stated Jose Romero,

with the development of a patented air-purifying invention. At Morris Engineering, Olivia will assist with the investiga tion, evaluation, and design of repairs to existing buildings and their components. She will support senior staff with CAD drafting and modeling, development of specifications and construction administration services. Olivia loves to travel and has visited Germany, Austria, Ireland, China, and most recently Italy where she studied abroad taking a cooking class! She enjoys touring and hiking famous landmarks and hopes to someday visit the Eiffel Tower and the Moai Statues on Easter Island with her friends.

Photos this page courtesy CAI-NJ.

Business Developer at Clearview Washing. Clearview Washing is always willing to evolve in order to be com pliant with our customer’s requirements. We believe that communities should feel comfortable with their vendor and know that they are covered in case anything happens. n

It is with Great Sadness that we Announce the Passing of CAI-NJ Member, Stanley “Stan the Man” Aaron Rothenberg

S tanley “Stan the Man” Aaron Rothenberg, age 79, was born on January 15th, 1943, in Brooklyn, NY. He is survived by his wife Jill, his daughters, Lisa and Debbie, son, Adam, son-in law Jason and grandchildren, CJ, Corey, Rylan, Luke and Logan. Stan passed away on April 11th, 2022, at Overlook Hospital in Summit, NJ. Stan, a resident of Haworth, NJ for 42 years, had a home filled with love, friends and family. The last-minute BBQs with Stan flipping up hot dogs, hamburgers and chicken wings will be remembered by all. His real estate management company C&R Realty was a partnership that lasted 37 years in North Jersey. He went on to work in NYC for

Brown Harris Stevens for 15 more years. Stan was a longtime member of the Community Associations Institute New Jersey chapter, served on the CAI-NJ chapter board and was Board President in 1994. He was passionate about work and being with people — in the industry, his family and friends he made throughout his life. Stan’s true passion was for cars: Corvettes, Porsches and his navy blue ‘03 Mercedes which he would spend hours inspecting and tending to every detail to ensure they would be in tip-top shape and road ready. He will be remembered for his quick and witty sense of humor and keeping the groups laughing with his comedic sto ries. Stan will be missed and loved forever. ❧

tomograf/iStock/Getty Images Plus

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Community Association FAQs: LEGAL EDITION By Jonathan H. Katz, Esq., Hill Wallack LLP

Oleksandr Hruts/Gearstd/iStock/Getty Images Plus

A s you would probably expect, attorneys get asked a lot of questions. One of the first things they teach you in law school is how to answer every legal question with the standard response: “It depends.” As it turns out, that is one of the most valuable lessons you can learn as a fledgling attorney, that the answer to any legal question will depend on the specific factual circumstances, the relevant law, and – most importantly – how that law is applied to those factual circumstances. So, in answering any legal question, it really does depend on all of those things to arrive at the correct answer. Understanding that every situation is different, attorneys who are presenting to a group or answering a question for a friend or colleague often give what is referred to as a standard legal disclaimer. Simply put, that disclaimer is that, even though we are talking about issues that are legal in nature, the answer to your specific question will depend on the facts, law, and application of both, so the recommendation is always to speak to your own attorney

for an actual legal opinion. The same holds true here; even though this article deals with general legal issues, you should still seek the opinion of your community association’s counsel. Because the answer to your legal question, espe cially from an attorney who does not represent you or your association, should most always be, “It depends.” There are some common legal questions that community associations attorneys get more than others, especially recent ly. Again, while the specific answers to these frequently asked questions will depend on a variety of factors, including what is in your association’s governing documents, below are four, frequently asked, non-COVID related questions and general (legal disclaimer included) answers: 1. Question: Can my community association switch to electronic voting? Answer: Yes! The Radburn legislation, which was signed into law on July 13, 2017, specifically authorized electronic voting in community associations: (1) when the CONT I NU E S ON PAGE 14

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LEGAL FAQS... from page 12.

manner. Since these regulations are now controlling, it is important to note that the Radburn regulations specifically address and authorize electronic voting so long as the election process is administered by a “neutral third party” so as to maintain anonymity. 2. Question: Do the new Radburn regulations affect how our community association meet ings must be conducted? Answer: Yes! As noted above, the DCA issued regu lations regarding the Radburn legislation, which went into effect on May 18, 2020. While many of these regulations dealt with election procedures, the DCA also included new requirements related to community association board meetings. ii Some of these new requirements are as follows: notice of open board meetings must be: (1) prominently posted in at least one location on the community’s property accessible to owners at all times; and (2) posted on the association’s website and included in any association newsletter or personally delivered to each member or designee by mail, hand delivery, or electronic means. In addition to the post-

board determines to allow voting by such means; and (2) when an association member consents to casting a vote electronically. i Please note, however, that electronic voting does not mean that an association can just accept ballots by e-mail, facsimile, or other electronic means. Rather, ballots must be cast on-line or through another electronic system and be delivered directly to an association through a website or other secure service. In addition, authorizing electronic voting in an association will require implement ing a specific electronic voting procedure, which may necessitate amending an association’s by-laws and/or adopting a resolution to allow voting by electronic means, as well as allowing those members who do not want to vote electronically to vote using traditional paper ballots. Additionally, the Department of Community Affairs, (DCA), issued regulations regarding the Radburn legis lation, which were made effective on May 18, 2020. These regulations now require that all voting in community association elections must be conducted in an anonymous

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ed meeting schedule, adequate notice of any scheduled meeting must be provided at least seven (7) days prior to the meeting date. This notice must provide the time, date, and location of such meetings, as well as agenda items “to the extent known.” By-laws of all community associations must now include a requirement that meetings of the association’s executive board where a binding vote is to be taken must be open to attendance by all members. Association boards must provide a brief explanation for the basis of, and cost entailed of, any binding vote taken. This explanation must be included in the meeting minutes. Associations may still exclude members from portions of the meeting that discuss certain topics (such as litigation or contract negotiations); however, while boards may conduct such closed (executive session) meetings and discuss those subjects, boards may not take any binding votes on those issues at any closed meeting – any vote taken at a closed meeting will not be binding. If any such matter requires a binding vote, it must be taken at a subsequent open meeting “in a manner that does not disclose any confidences.”

Further, associations must take legible minutes of all open meetings that shall include: (1) board members present and their titles; (2) clear identification of any matters addressed; and (3) clear identification of any matters voted on, includ ing a record of the votes and an explanation regarding the basis for and cost entailed for each vote taken. Minutes of each open board meeting must be made available to association members in a “timely manner” before the next meeting and may be identified as “draft” or “unapproved. 3. Question: Should my community association be receiving reimbursements from our town ship for snow removal and other services? Answer: Maybe! New Jersey’s Municipal Services Act requires cities and towns to provide certain services to community associations within their borders. iii In short, the law requires that every municipality in New Jersey must either provide certain services – including the removal of snow and ice, collection of leaves, trash, and recyclables, and lighting of roads and streets – to qualified private com munities “in the same fashion” as the municipality provides CONT I NU E S ON PAGE 16

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LEGAL FAQS... from page 15.

association significantly more to hire a private contractor to plow its road ways, the reimbursement required by law is only the cost to the municipality were it to provide such service, which in most cases is less than the cost to the association. However, this general rule does have a caveat. If, for exam ple, the nature of an association’s roadways make them more difficult to plow than normal public roads and streets, the association may be entitled to a greater reimbursement than the township’s normal cost per mile. iv Although the law went into effect almost thirty years ago, many quali fied community associations still fail to take advantage of having their municipality provide these services (or reimbursements) simply because they are unaware of the law. If your asso ciation is not receiving the benefits of

the Municipal Services Act, please contact your community association attorney. 4. Question: Is my community association responsible for personal injuries when some one slips and falls? Answer: It depends! If your gov erning documents contain a provision which provides for tort immunity, the answer may be no. New Jersey has a tort immunity statute that allows associ ations to shield themselves from liability for certain types of injuries caused to unit owners or their spouses due to the association’s negligence. This immunity is applicable so long as the association has certain language in their governing documents or takes the proper steps to amend their documents. Specifically, the statute v states: Where the bylaws of a qual ified common interest commu nity specifically so provide, the association shall not be liable in any civil action brought by or on behalf of a unit owner to respond in damages as a result of bodily injury to the unit owner occurring on the premises of the qualified common interest community. Nothing in this act shall be deemed to grant immunity to any association causing bodily injury to the unit owner on the premises of the qualified common interest community by its willful, wanton or grossly negligent act of com mission or omission. Put simply, a tort immunity provi sion would prevent an association from being liable for personal injury or other damages suffered by a

such services along public streets or, in the alternative, the municipality may opt to reimburse these communities for such services. The purpose of the act is simple – to eliminate the double payment for some services residents of these asso ciations now pay through both prop erty taxes and association fees. With respect to the amount of reimburse ments, community associations are only entitled to reimbursement in the amount it would cost the municipality if it were to provide that service itself. Associations are generally not entitled to reimbursement for services above and beyond what the municipality normally provides to other residents. For example, while it may cost an

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unit owner (or their spouse) due to the association’s own negligence. However, it is important to note a few things. First, the immunity applies only when the injury is to a unit owner or

“Put simply, a tort immunity provision would

prevent an association from being liable for personal injury...”

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that person’s spouse; the immunity will not apply to other family mem bers, tenants, or guests. vi Further, the immunity does not apply where the association is found to have been will ful, wanton, or grossly negligent act of commission or omission that leads to an injury. Finally, any amendment to an association’s governing docu ments regarding tort immunity must be approved by at least two-thirds (2/3) of the owners and cannot be accom plished by the Radburn “reverse” amendment process. vii n END NOTES: i See N.J.S.A. 45:22A-45.2(c). iv Stonehill Prop. Owners Ass’n v. Township of Vernon, 312 N.J. Super. 68 (App. Div. 1998) (holding that because the municipal roads could be plowed more efficiently than the association’s roads, which were curvy, winding and steep, the township was required to pay additional amounts by way of reimbursement for what the Court considered a “difficulty factor” over and above what the actual cost to the Township would be for providing these services). ii See N.J.A.C. 5:26-8.12. iii See N.J.S.A. 40:67-23.2.

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v See N.J.S.A. 2A:62A-13. vi See N.J.S.A. 2A:62A-12. vii See N.J.S.A. 2A:62A-14.

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Top 5 FAQs for COMMUNITY ASSOCIATION MANAGERS

By Jackie Thermidor, CMCA, AMS, PCAM, President - Associa Community Management Corp. of New Jersey, AAMC

Q: What is a management company and what do they do for an association? A: A management company is engaged by a board of trustees to manage the day-to-day operations of a com mon-interest association in place of that governing body administering their own responsibilities and decisions. The range of services a management company provides can include but is not limited to financial oversight and administration on the collection of assessments, payment of association expenses, and preparation of the budget; maintenance of common grounds; vendor management; human resource administration; and governance and conflict resolution. Q: What are some steps a board should take when considering the financial health and stability of their association? A: The financial health of an association is critical to ensuring that the board of trustees can properly and reasonably administer its responsibilities. Financial man

agement is a multi-faceted approach that starts with the adoption of an operating budget where assessments are set at a level to pay for expenses that an association can expect to incur as well as building in a contingency amount for unforeseen expenses. The operating budget should be reviewed on an annu al basis and adjusted as required, including increasing maintenance fees. Once the assessment amount is set, owners should be billed at an interval that is suitable to pay their expenses promptly and take appropriate steps to collect those assessments if an owner does not pay. The board should adopt protocols to address those in arrears in a fair manner and avoid making decisions that can be perceived as arbitrary. Another step an association should take is reviewing its Reserve Study by a Reserve Specialist and incorpo rating the recommendations in the operating budget every 3-5 years, according to industry standards. This will reduce the need for emergency special assessments when a capital asset needs to be replaced. CONT I NUE S ON PAGE 20

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FAQS FOR MANAGERS... from page 18.

association will be governed, including but not limited to, how a board will be elected, powers of the board as well as its limitation, notice and quorum requirements for meetings. Q: How can the association get residents to pick up after their dogs? A: We don’t know of any full-proof measures that a board can take to have its residents exercise proper pet etiquette, but the following steps have helped in various communities: • Providing Fido stations throughout a community. If the budget permits, include a receptacle and arrange for the regular disposal of the pet waste. • While it can be difficult, encourage owners to report those that do not abide by the pet rules and regulations. • Investigate and/or engage with the municipality to see whether the township or animal control can assist in addressing violators. • Communicate, communicate, communicate association rules. n

Q: What should a board member who wish es to serve as the board president know? A: The board president leads the board and oversees its procedural responsibilities. They should become well versed in the association’s governing documents including its rules and regulations. The board president also presides over open meetings, specifically calling the meeting to order, setting the agenda, calling for votes, recognizing meeting attendees from the floor to speak, and keeping meeting order. The board president also executes contracts and other legal documents. It’s important to understand that all board members have an equal vote on a matter no matter what office they may hold. Q: What are by-laws? A: While the term by-laws is sometimes mistakenly used as all-encompassing for the association’s govern ing documents, it is the document that dictates how an

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Thank you to all of our sponsors for making PAC the Rooftop at the Asbury Festhalle & Biergarten a huge success! We raised over $16,000 to support elected representatives and senators that protect the best interests of CAI and our communities. If you missed this fantastic event and would like to support our advocacy mission for our homes, communities, and livelihood, please consider donating by utilizing the form below. PAC accepts donations from individuals, professionals, contractors and from fundraising events. CA-PAC MAKING A DIFFERENCE IN YOUR COMMUNITY!

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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. Community/Company: _____________________________________________________________________________________________________________ Individual Name: _________________________________________________________________________________________________________________ Mailing Address: __________________________________________________________________________________________________________________ City, State, ZIP: ___________________________________________________________________________________________________________________ Phone: _________________________________________________Email:_____________________________________________________________________ Employer Address (if applicable): ____________________________________________________________________________________________________ City, State, ZIP: ___________________________________________________________________________________________________________________ Management Company Name: _____________________________________________ (Community Association’s Only) DO NOT INCLUDE MY NAME OR COMPANY ON THE LIST OF CA-PAC CONTRIBUTORS 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