CAI-NJ Sep.2016

QUIZ... from page 21.

True or False – You must provide “Bear Proof” trash containers if a black bear has been spot- ted in your municipality. False – in part thanks to LAC. The LAC strongly opposed a proposed state law that would have required homeowners and associations to provide bear proof trash containers throughout most of the state. The legislation is no longer under consideration. True or False – The Municipal Services Act (Kelly Bill) helps prevent residents of common interest communities from paying double for municipal services. True – The Kelly Bill covers removal of snow, ice and other obstructions from the roads and streets; lighting bills of the roads and streets, and collection and disposal of leaves and recyclable materials, as well as solid waste along the roads and streets. However, the bill is 25 years old and the LAC is working with state legislators to update the services provided under the bill, including providing fire hydrant services. False – “Amicus curiae” means “friend of the court” in Latin. The LAC filed an amicus curiae brief in the matter of In re: Rones. In February 2016, the U.S. District Court for New Jersey held that liens filed by condominium associations are protected from modifi- cation. A member of the NJ LAC filed the brief which helped the court reach that conclusion which is very important to condominium associations. The Supreme Court concluded that “[t]he Bankruptcy Court erred in treating the Association’s lien as a ‘wholly unsecured’ claim which could be stripped off (either in whole or in part); instead this Court finds that the lien was partially secured by a security interest in the debtor’s principal residence.” While this ruling only applies to condo- minium associations, the precedent is important for all common interest communities. True of False – Amicus curiae are stars in the Broadway show Hamilton.

Burlington County, has introduced A-3900 which pro- vides for a gross income tax deduction for homeowner’s payments of HOA and condo assessments. The CAI is supporting this bill. True or False – Your association covenants can prohibit ham radio antennas on common ground or lots. True (for now), but HR 1301, also called the Amateur Radio Parity Act, would require associations to allow ham radio communications and installations within their proper- ties without regard to architectural review procedures. The LAC (NJ and national) has opposed this bill and was able to have it amended to continue to prohibit antennas in com- mon areas and to permit associations to enact reasonable limits on antennas on homeowners’ lots. True or False – Thanks to your covenants, your association may prohibit all political signs during election season. False – While your covenants may clearly prohibit any signs on lots or common grounds, the New Jersey Supreme Court case of Mazdabrook has overturned those bans. So what does the 2012 New Jersey Supreme court ruling mean to us practically? In short, an HOA rule banning all political signs is unconstitutional and unenforceable. However, an HOA rule reasonably restricting the posting of political signs, such as allowing one or two standard size signs to be dis- played in the window or door of a condo or townhome for a month or two before the election until the day after the elec- tion, would likely be found constitutional and thus enforceable. True or False – If your community suffers from a major disaster like Hurricane Sandy, your association will be able to receive state grants to rebuild common infrastructure. False (for now) – However, the LAC supports the Disaster Assistance Equity Act of 2015, sponsored by Rep. Steve Israel (D-NY), which amends an earlier disaster relief act. The bill would correct an inequity by which HOAs and condos can receive disaster loans, but not grants.

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