CAI-NJ September 2021

September 2021 Community Trends

®

LEGISLATIVE UPDATE

Kolonko/ Elemesca/ Maxger/iStock/Getty Images Plus

In This Issue

• AMessage from the CAI-NJ Infrastructure Task Force • Update on Legislation Regarding Board Member Training and Manager Licensing • Eradicating Discriminatory Covenants in CommunityAssociations • Wish YouWere Here — Legislation Regarding Participation in Meetings via Remote Means • COVID-19 Immunity Legislation for Common Interest Communities in NewJersey is Now the Law • What the Heck is a CA-PAC? AndWhy Should I Contribute? ....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 15

15 What Should You Be Thinking About Right Now? Community Association Update: Budgeting for the New Normal By Eric Lecky SageWater on behalf of the CAI-NJ Editorial Committee 16 A Message from the CAI-NJ Infrastructure Task Force 20 Update on Legislation Regarding Board Member Training and Manager Licensing By Matthew Z. Earle, Esq. Kates, Nussman, Ellis, Farhi & Earle, LLP 24 Eradicating Discriminatory Covenants in Community Associations Jonathan H. Katz, Esq. Hill Wallack LLP 32 Wish You Were Here — Pending Legislation Regarding Participation in Meetings Via Remote Means By Thomas C. Martin, Esq. Price Meese Shulman & D’Arminio, PC 40 COVID-19 Immunity Legislation for Common Interest Communities in New Jersey is Now the Law By Ed San George, MPA, PCAM INTEGRA Management Corp., AAMC 42 What the Heck is a CA-PAC? And Why Should I Contribute? By Paul Raestch Horizon at Woods Landing 56 Management Trends: An Interview Regarding a Manager’s Perspective of Legislative Actions and the NJ-LAC By Denise Becker, CMCA, PCAM and Lisa Rayca, CMCA, AMS Corner Property Management, AAMC

16

20

24

32

40

56

EXTRAS

42

President’s Corner Looking Ahead

5 6 7

CAI-NJ Upcoming Events

Your Voice is Key for NJ-LAC and CA-PAC

13 19 21 22 27

CA-PAC 9 and Nosh Registration CAI-NJ Beach Party Registration F.A.S.T. Teacher Supply Drive

New Member Welcome Meet-Up

41 47 51 57 63 65 68 69 70

2022 Committee Sign-ups

2021 CAI-NJ Awards Wrap-up & Photos

2021 Shoot the Cover Photo Contest

CAI-National Awards Recap

2021 CAI-NJ CONFERENCE & EXPO Pre-Conference Networking Party

CAI-NJ/PA Joint Networking Event

36 37 38 39

CAI-NJ PCAMs New Members

Save the Date

Schedule

CAI Membership Application 2021 Ultimate Partner Listings

Attendee Registration

Getty Images

3

S E P T E M B E R , 2 0 2 1

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

4

S E P T E M B E R , 2 0 2 1

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

CAI-NJ TEAM

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

“With all these lovely tokens of September days are here, with summers best of weather and the autumns best of cheer.” — Helen Hunt Jackson

End of Summer and Chapter Events It is hard to believe that the summer has ended and fall is upon us. The chapter certainly took advantage of the warm summer months with several more in-per- son events. A good time was had by all at our Ultimate Night Out at the Jersey Shore BlueClaws Game in Lakewood on August 5th. It was wonderful to see our Ultimate Partner baseball fans along with community managers and homeowner leaders enjoying our open-air deck from which they could partake in a ballpark friendly buffet (capped off by a make-your-own sundae bar) while keeping close watch on the game from our very own stadium seats. We look forward to repeat- ing this event again in the future. Be sure to check out photos from this event at https://cainj.org/envira/2021-ultimate-night-out/ Our business partners were busy as well, gathering for the in-person Business Partners Essentials Course on August 3rd, followed by the Business Partner Meet-Up at MJ’s in Spotswood. Attendees were treated to a productive afternoon of learning and networking all in one event. All those that have received the Educated Business Partner Distinction can be viewed on page 72. Another in-person event was the Board Leadership Development Workshop, which was held on August 5th and 6th. Of special significance, this marked the first edu- cational course held at the chapter office in over a year and a half. We are looking forward to hosting additional educational events in the chapter office. Our virtual programming continued as well, with Wednesday Webinars held on August 4th and August 18th. The Community Association Virtual Roundtable Discussion was held on August 12th. All three events were great successes and we hoped that all participants gained valuable insight from the information presented. NJ Legislative Action Committee This month’s issue is our annual issue dedicated to the national award-winning NJ Legislative Action Committee ( NJ-LAC ). Over the past year, the LAC has had tremen- dous success in promoting and working with members of the State Legislature which has resulted in laws favorable to the industry. Of particular note is the COVID-19 tort immunity law, which was the result of a coordinated and dedicated effort by the members of the LAC who provided input on the proposed provisions of the law and our chapter members who contacted their representatives to urge passage of the CONT I NU E S ON PAGE 50

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

CAI-NJ

5

S E P T E M B E R , 2 0 2 1

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

Join a committee. Learn, network and become a leader in our industry! industry. Committee members evaluate the programs to ensure that the chapter is creating value with the offerings to the Business Partner members.

Legislative Action Committee, Award-winning As you can see from this special issue of Community Trends, the New Jersey chapter is fortunate to have an extremely devoted group of volunteers that make up the NJ-LAC. In rec- ognition of their hard work and dedication, they have been chosen by CAI National as the best CAI Legislative Action Committee in the country. Congratulations to everyone sitting on the committee for this well-deserved award! Why join one of our 11-chapter committees? The number one question that I’m asked by our members is, “How can I get the most out of my membership”? And my answer has always been the same. Whether you are a homeowner leader, manager, or business partner member, the best way to stay informed, learn and network is by volunteering to sit on one of our 11 committees. You will have the opportunity to build new relationships within the industry, broadening your network. Three of our committees are dedicated exclusively to Homeowner Leaders, Managers, and Business Partners, creating the programs and services offered by the chapter as well as several other committees that require the input of all membership groups. The Awards Committee plans the annual Awards Celebra- tion, the first event every year. Our members come together to celebrate their peers, recognizing those that go above and beyond for the chapter as well as those that make a significant investment in their individual education. This committee welcomes members from all member represen- tation groups. The Business Partner Committee, comprised solely of business partner members, develops, and plans the programs and services available to business partners, enhancing the experience as well as networking opportunities within the

The Conference & Expo Committee plans and executes the full day of activities for the Annual Conference & Expo. The event includes over 160 exhibiting members as well as educational programs throughout the day and is attend- ed by more than 1,200 guests. This committee welcomes members from all member representation groups. The Editorial Committee compiles and edits the chap- ter’s monthly magazine, Community Trends ® , the official medium of communication for the New Jersey chapter. The committee solicits, reviews, and edits all articles for publication that are of interest to all chapter members. This committee welcomes members from all member represen- tation groups. The Future All-Star Team (F.A.S.T.) Committee, one of our newer committees, was created to provide its members with the opportunity to become future leaders within our industry through professional development and civic outreach. These young professionals have made a significant impact on our communities, raising over $75,000 for multiple charities since their inception and in particular donating over $48,000 to the Make-A-Wish Foundation of New Jersey! The Golf Committee plans and executes the Annual Dennis R. Casale Memorial Golf Outing. The Annual Golf Outing is one of our major networking events, selling out every year. This committee welcomes members from all member representation groups. The Homeowner Leader Committee is comprised solely of homeowner leaders, the board members of their individu- al common interest communities. They develop and plan the programs and services to enhance the homeowner leader’s CONT I NU E S ON PAGE 8

6

S E P T E M B E R , 2 0 2 1

CALENDAR 2021/2022 Events & Education

SEPTEMBER

DECEMBER

1

9 9

Wednesday Webinar Virtual

Annual Meeting & Chapter Retreat Grand Marquis, Old Bridge

1 17

Community Conversations - Condo Safety Virtual - Hosted by CAI National

Winter Break Party Grand Marquis, Old Bridge

Beach Party Martell’s Tiki Bar, Point Pleasant

FEBRUARY

23 28

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

24

Annual Awards Celebration Encore Event Center @IPA, Freehold

Building Membership Bridges - Joint NJ/PA Networking Event Lambertville Station Restaurant and Inn, Lambertville

JUNE

30

New Member Meet-Up Virtual

14

Dennis R Casale Memorial Golf Outing Forsgate Country Club, Monroe Twp.

OCTOBER

20

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

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

21 28

Annual Conference & Expo Encore Event Center @IPA, Freehold

ADR Training Hill Wallack Office, Princeton

7

S E P T E M B E R , 2 0 2 1

LOOKING AHEAD... from page 6.

The Networking Events Committee plans and coor- dinates the annual CAI-NJ Networking Events includ- ing Beach Party (August), Pre-Conference Networking Reception (October), and Winter Break Party/Annual Retreat (December). This committee welcomes members from all member representation groups. The Women’s Leadership Committee is our newest committee. The committee’s mission is to provide education and resources to mentor, support, and empower women aspiring to grow within or enter the industry. Their initiatives include the Annual Women’s Leadership Retreat, opportuni- ties to build a network of women to support your profession- al and personal growth with their quarterly eNewsletters and a Mentorship Program. This committee welcomes members from all member representation groups. Applications are currently being accepted for all 11 com- mittees and we are always happy to see our members rejoin year after year. The New Jersey chapter has the most par- ticipating members of all chapters, that engage, joining our committees. Every year our committees grow, a testament to CONT I NU E S ON PAGE 53

experience in the chapter. Committee members evaluate the programs to ensure that the chapter is creating value with the offerings to the Homeowner Leader members. The Manager Committee comprised solely of Community Association Managers, develops, and plans the programs and services to enhance the Community Association Manager experience in the chapter, confirming that the chapter is offering an adequate amount of continuing edu- cation opportunities, as well as networking opportunities within the industry. Committee members evaluate the pro- grams to ensure that the chapter is creating value for the Community Association Manager members. The Membership Committee welcomes members from all member representation groups. They assist with member retention as well as new member outreach, promoting the benefits of a CAI-NJ membership. They also recommend ways and means to enhance our own membership pro- grams including incentive programs.

Extraordinary Services. Exceptional People. Preferred Community Management Services

PCMS

• 24 Hour Emergency Service • Work Order Tracking • Vendor Management • Leadership Guidance • Training For Board Members

Our Services:

FINANCIAL MANAGEMENT

We Customize A Management Program Tailored To Your Community

PROPERTY MANAGEMENT

35 Clyde Road Ste 102 Somerset, NJ 08873 732.873.1258

Over 30 Years Experience

SITE MANAGEMENT

2430 Butler Street Ste 164 Easton, PA 18402 484.291.1330

Glen A. Masullo, CMCA, PCAM

Email: info@ pcmsus.com • Web: www.pcmsus.com

8

S E P T E M B E R , 2 0 2 1

LEGISLATIVE UPDATE

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

A s I’ve written in this column each of the past few years, the September issue of Community Trends ® is my favorite of the year…there’s always so much good stuff in it! It’s commonly known as the “LAC Issue” because all the articles are about legislative, regulatory, and legal issues affecting common interest communities in New Jersey, written by members of the CAI Legislative Action Committee – NJ. By the time you read this column I will have returned from a trip to Las Vegas to attend CAI’s Annual Conference where I accepted an award on behalf of your LAC-NJ naming us the best CAI Legislative Action Committee in the country! I’m so proud of this group…and privileged to have served on it these past ten years. Like last year, 2021 has been challenging in so many ways. While we have been focused on COVID-19 issues, we have been pursuing other important legislative and reg- ulatory priorities too. These are some of the topics you’ll read about in this issue: • COVID-19 Immunity for Common Interest Communities in NJ: Against all odds we were successful in initiating leg- islation protecting our associations from COVID-19 claims so that our executive boards could safely open our ameni- ties again. That bill was signed into law on July 1, 2021. Ed San George, MPA, PCAM, a community manager member of the LAC and a tireless advocate for this legisla- tion, reviews the details of this new law and explains how it came to be. • Legislation Authorizing Participation in Meetings Via Remote Means: Thomas Martin, a lawyer and for- mer chair of the LAC , reviews pending bills that would authorize virtual meetings even after the official State of Emergency declared by the Governor is lifted. • Mandatory Board Member Training and Manager Licensing: While we all can agree that ongoing train- ing and education of board members and managers is

a good thing, mandating such training and education by law remains controversial. Matthew Earle, a law- yer, and the incoming LAC Chair beginning in 2022, discusses two new bills that do just that…and describes our efforts to craft legislative amendments that strike the necessary balance between the benefits and costs of such legislation. • CA-PAC – The Power of Your Voices and Dollars: Paul Raetsch, a homeowner leader member of the LAC and former executive on his HOA board, describes how our members’ grassroots communications and contributions to our Political Action Committee made the difference in the passage of our immunity bill…and other bills pend- ing before the legislature. • Ensuring the Structural Integrity of our Buildings: In light of the recent catastrophic condominium building collapse in Florida, many of you are wondering what we can do here in New Jersey to prevent such a trag- edy. The LAC-NJ Infrastructure Task Force reviews how that discussion is playing out in New Jersey, Washington DC, and around the country. This will surely be a long but important process as we “look in the mir- ror” at ourselves and how our industry moves forward in response to this call to action. • Elimination of Discriminatory Restrictive Covenants in our Governing Documents: Jonathan Katz, a lawyer and current President of the CAI-Keystone chapter, dis- cusses a bill that passed both houses of the legislature and is awaiting the Governor’s signature into law, which makes it easier for common interest communities to remove these unwanted provisions from our governing documents. Your LAC supported this bill, and we hope the Governor signs it into law soon. This is the issue of Community Trends ® you should keep on the top of the legal resource pile on your desk at all CONT I NU E S ON PAGE 54

10

S E P T E M B E R , 2 0 2 1

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 BUSINESPSARTNERCOMMITTEE 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 Lirelle Klein

Board Liaisons: Benjamin Basch

Ryan Fleming Staff Liaisons: Jaclyn Oskierko Robin Surgent CONFERENC&EEXPOCOMMITTEE 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 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 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

S E P T E M B E R , 2 0 2 1

11

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 JGS Insurance

PeopleFirst Property & Casualty Services Popular Association Banking Preferred Community Management Services, Inc., AAMC PuroClean of Hoboken, Jersey City, Fort Lee

Alliance Association Bank AMCO Pest Solutions, 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 USA RMG, Regency Management Group, Inc., AAMC SageWater Stark & Stark Attorneys at Law USI Insurance Services Valley Bank Witczak Engineering

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, Inc. 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

WHAT SHOULD YOU BE THINKING ABOUT RIGHT NOW? COMMUNITY ASSOCIATION UPDATE CAI-NJ Editorial Committee The What Should You be Thinking About Right Now? — Community Association Update is a monthly feature added to our issues either written or solicited from CAI-NJ’s Editorial Committee. While upcoming issues of Community Trends ® will include articles relating to our monthly magazine theme, this update will provide direct and timely information important to community associations right now.

Budgeting for the New Normal By Eric Lecky, SageWater

JakeOlimb/ DigitalVision Vectors/Getty Images W e have all heard the stories and read the headlines about supply shortages and price increases resulting from COVID-19 related pro- duction and supply chain issues. Everything from wooden 2x4’s at your local home improvement store to new cars at dealerships are experiencing price increases coupled with more limited availability. In addition, movement across the labor market, fueled by job changes brought on by the pandemic and extensive, but temporary, unemployment benefits have made finding qualified labor at an affordable rate increasingly challenging as well. All of this is resulting in a perfect storm for communities seeking to undertake capital improvement projects in the coming year. Prices are up, vendor availability is limited, and communities are scrambling (and competing with one another) to get the next available slot to get work done on their building. For community association boards, this is a turbulent and challenging time. Projects were put off last year due to the pandemic, so the specter of deferred maintenance is real. But finding someone to do the work, at a reasonable price, is nearly impossible. As a result, it’s time to rethink your budgeting processes and adjust to this “new normal.” Expect to Pay More Material shortages and price increases are real. Everything from wood to plastic to steel is in scarce supply from production having been interrupted by COVID-19 and

Like other building materials, copper prices have increased over the past year as well, driving up prices that installers must pass on to their customers.

changing global policies on tariffs. For construction com- panies, sourcing materials for client projects has proven increasingly difficult. Shortages of cast iron have already increased prices approximately 30% over the past 18 months, and suppliers are increasing prices by another 12% starting on September 1st. “For drain, waste, and vent pipe replacement projects requiring cast iron, a 40% increase in material pricing in less than two years is just brutal for our clients,” said Chris Kaplan, PE, Director of Estimating at SageWater. “And with no visibility into when these prices will come down, it’s becoming increasingly difficult for us to hold price quotes for customers for more than 30 to 60 days.”

CONT I NU E S ON PAGE 60

15

S E P T E M B E R , 2 0 2 1

A Message from the CAI-NJ Infrastructure Task Force

A s we are all aware, on June 24, 2021, a building that was part of the Champlain Towers South Condominium suf- fered a tragic collapse. Although numerous media reports have speculated on the cause of the collapse, the actual causes of the tragedy that led to the loss of many lives are unknown at this time. As board members, managers, engineers, attorneys, and other allied parties in the community association world, an event of the magnitude of the Florida collapse requires us to re-examine standards of care in the maintenance, repair, replacement, and inspection of critical building infrastructure that we have come to rely upon. Community associations have been managing buildings of various types starting in the ‘60s and accelerating though the following decades. It is only now that many community associations are respon- sible for buildings that are 30 years and older, when many building components start to show their age and require more than routine maintenance. While replacing roofs when they start to leak excessively may be obvious, other building parts do not announce their age or critical condition with the same urgent voice but are no less important. Some suggest that the Department of Community Affairs periodic inspections of multifamily buildings should provide comfort to New Jersey associations concerning structural issues. But we know from experience and DCA’s statements since Champlain Towers that its focus is on the habitability of individual dwelling units, not on essential building infrastructure. While an individual report may note a readily observable structural components requiring repair, the DCA inspectors are neither trained in structural engineering nor involved in uncovering problems that are not observable in an expeditious building walk-through. The Community Associations Institute has convened panels of national experts including engineers, Reserve Specialists, managers, insurance professionals, and attorneys to study the issues that have arisen following Champlain Towers, survey professionals and associations with respect to current practices, and promptly seek solutions that will reduce the possibility for future catastrophic events.

royyimzy/iStock/Getty Images Plus

The New Jersey Chapter of CAI, through the New Jersey Legislative Action Committee (LAC), has assembled a subcommittee of both LAC members and others with special areas of expertise regarding the proper maintenance of building infra- structure, inspection and the myriad related issues. While the assembly of expert panels by CAI national is critically important to this effort, each state has a differ- ent mix of building types, common practices, and laws and regulations that deal with infrastructure maintenance, mandatory or voluntary reserve funding, periodic inspections, and special assessment of owners to fund the cost of unanticipated expenses when necessary to fund maintenance. It is apparent from early analysis that no single solution will suffice. The fre- quency and types of engineering inspections, early recognition of building conditions that may evidence serious underlying structural issues, discov-

“...Community Associations Institute has convened panels of national experts... to study the issues that have arisen following Champlain Towers...”

ery of possible latent construction defects, resetting the reasonable budgeting expectations of volunteer board members, examining funding methodologies of both expected and unexpected capital expenses, and avoiding overwhelming negative owner response when the need for critical infrastructure maintenance occurs, all play essential roles in seeking a solution to this issue.

CONT I NU E S ON PAGE 18

16

S E P T E M B E R , 2 0 2 1

TASK FORCE... from page 16.

While the unimaginable circumstance in Surfside, Florida is an extreme exam- ple of a building catastrophe, it is far more common to see parts of buildings suffer sudden collapse, with compo- nents like decks and balconies in partic- ular being subject to latent original con- struction defects and deterioration that is hidden from accessible view. Whether you are an owner or board member of a high rise building along the New Jersey coast, or are responsible for the maintenance, repair and replacement of a suburban townhome community, these are issues of serious concern as building age. It is clear that the New Jersey Legisla- ture will seek to adopt legislation that mitigates the possibility of building col- lapses. The LAC will use the volunteer experience of numerous CAI members to be a resource to legislators on this issue and will work with legislators with whom the NJ LAC has become a trusted partner. New Jersey is fortunate to have people serving on both the CAI nation- al panels and the LAC subcommittee, enabling ready access to information at both levels. CAI national is also committed to involving LAC s throughout the country, which will be responding to an expected spate of bills likely to arise following the tragedy. If you receive a survey fromCAI nation- al or the LAC seeking your response, each participant’s reply will add an important element to the ongoing effort to bring forth prompt, practical, and efficient solutions to the potential issues that will expand as infrastructure ages if we are not all committed to preventing future tragedies. n

Servicing: New Jersey • New York Pennsylvania • Connecticut

888-404-4321 www.accuratereconstruction.com Insurance Reconstruction Experts

Returning families to their homes since 1985

To Advertise Call 888-445-7946 or email info@brainerdcommunications.com.

18

S E P T E M B E R , 2 0 2 1

CA-PAC “9 AND NOSH” LUNCH REGISTRATION

PLEASE LIST INDIVIDUAL LUNCH ATTENDEES LUNCH ATTENDEE #1

Name: _________________________________________ Company/Association: _______________________________ Email: __________________ Phone: __________________ LUNCH ATTENDEE #2 Name: _________________________________________ Company/Association: _______________________________ Email: __________________ Phone: __________________ LUNCH ATTENDEE #3 Name: _________________________________________ Company/Association: _______________________________ Email: __________________ Phone: __________________ LUNCH ATTENDEE #4 Name: _________________________________________ Company/Association: _______________________________ Email: __________________ Phone: __________________

DATE THURSDAY, SEPTEMBER 23, 2021

TIME

12:00 PM REGISTRATION & BBQ LUNCH

PLACE

CONCORDIA GOLF CLUB 3 CLUBHOUSE DRIVE MONROE TOWNSHIP, NJ 08831

COST

$50 FOR LUNCH ONLY

PAC CONTRIBUTION, BBQ LUNCH, NETWORKING, BEER & WINE. INCLUDES

PLEASE MAKE CHECKS PAYABLE TO: CA-PAC (SORRY CREDIT CARDS NOT ACCEPTED FOR THIS EVENT) Mail completed form to: CA-PAC 9 and Nosh, c/o CAI-NJ

CONTACT

500 Harding Road Freehold, NJ 07728

FOR QUESTIONS EMAIL ROBIN@CAINJ.ORG OR CALL 609.588.0030

Sponsorship opportunities available. Contact robin@cainj.org for details.

DRESS CODE: To enhance your experience please follow our dress code policy. Proper attire must be worn at all times while utilizing the practice facility and golf course. Proper Golf Attire Includes: Golf shoes with soft spikes or sneakers, slacks, pants, bermuda length shorts, and collared golf shirts including mocks. Shirts must be tucked in at all times.

Update on Legislation Regarding BOARD MEMBER TRAINING and MANAGER LICENSING By Matthew Z. Earle, Esq., Kates, Nussman, Ellis, Farhi & Earle, LLP

“While CAI supports training for board

members, it opposes mandatory training or licensing requirements...”

muhamad rukmana/ iStock/Getty Images Plus

R ecently, Assemblywoman Annette Quijano and Senate Majority Leader Loretta Weinberg introduced bills that would require mandatory training for com- munity association board members (A5492/S3790) and mandatory community association property manager licensing (A5493/S3789). As currently drafted, the board member training bill would require that all persons serving on a community association board of directors receive at least three hours of manda- tory training within one hundred eighty days of their initial election or appointment to the board. The Department of Community Affairs (the “ DCA ”) is required to administer the training (covering, among other things, legal matters, budgeting, and reserves) and implement regulations. Board members who fail to undertake the necessary training can be removed from the board by the DCA . The manager licensing bill requires that any person or entity providing community association management ser- vices must be licensed by the State. It further provides that the DCA is set up and administers a licensing regime and that a penalty of $4,000.00 per unlicensed management contract will be imposed. While CAI supports training for board members, it oppos- es mandatory training or licensing requirements because of legitimate concerns that mandatory training may place an undue burden on volunteer board members making it

more difficult to find qualified directors. Likewise, while CAI supports training and certifications for property managers, it opposes mandatory property manager licensing due to, among other things, past experiences in other states where licensing regimes failed. While CAI National would generally require that the LAC oppose both bills, due to the threat posed by the imminent legislation the LAC has received special dispensation from CAI National’s Government and Public Affairs Committee to nego- tiate with the sponsors of the bills to craft better legislation. For board member training, the LAC has two primary goals: (1) to ensure that any mandatory training require- ments do not have a chilling effect on the willingness of owners to serve on boards; and, (2) to ensure that those administering the training have the proper expertise and resources. Concerning manager licensing, the New Jersey LAC is interfacing with its national counterpart and its manager constituency to draft licensing legislation that will not unduly burden property managers both in terms of educational requirements and finances. Furthermore, the LAC will work to ensure that manager licensing authorities are overseen by those with experience in the property management field. Both of these bills are “works in progress” and further updates in the coming months will become available regarding this important prospective legislation. n

20

S E P T E M B E R , 2 0 2 1

Sponsored By

MARTELL’S TIKI BAR | POINT PLEASANT, NJ FRIDAY, SEPTEMBER17, 2021 | 4:00 PM– 8:00 PM ***ALL ATTENDEESMUST BE 21+WITHAVALID ID

Name/Designation 1: ________________________________________________ Company Name: ____________________________________________________ Phone: _____________________________________________________________ Email: ______________________________________________________________ Name Company (if different from above) 2. __________________________________________________________________ 3. __________________________________________________________________ 4. __________________________________________________________________ 5. __________________________________________________________________ 6. __________________________________________________________________ 7. __________________________________________________________________ 8. __________________________________________________________________ 9. __________________________________________________________________ 10._________________________________________________________________ TOTAL: $_________________ (see pricing chart) 8/25 - 9/8 9/9 - ONSITE CAI-NJMembers: $100 $125 Non-Members: $160 $185 Note: Ultimate Partners receive 4 tickets. Elite Partners receive 2 tickets. Premier Partners receive 1 ticket.

Payment Methods: 1.) Payby check, payable toCAI-NJ. Mail completed formandpayment to: CAI-NJ Attn: 2021 Beach Party 500 Harding Road, Freehold, NJ 07728 2.) Pay by credit card. Please fax to (609) 588-0040 Cardholder Name: _________________________________________________ Card Number:_____________________________________________________ Exp. Date:_____________________Security Code:_______________________ Address: ___________________________________________________________ City, State, Zip: ______________________________________________________ Cardholder Signature: ______________________________________________ *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 responsible 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 September 13th, 2021 for a full refund to be provided, swaps can be made at any time.

Send Registrations to Jaclyn@cainj.org or Fax 609-588-0040

*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.

21

S E P T E M B E R , 2 0 2 1

Please help us by supplying the basic tools for the hard working teachers and give them a great start to the school year! Donations will benefit the Long Branch School District.

Items will be collected at the CAI-NJ Beach Party on September 17 th or you can drop them off at the CAI-NJ office by September 17 th !

Please visit https://tinyurl.com/FASTTeacherSupply to shop our F.A.S.T. Teacher Wishlist on Amazon! Avoid lugging the items to the event. Mail supplies directly to the CAI-NJ office at 500 Harding Road Freehold, NJ 07728! We also accept credit card/check donations.

Questions? Contact Robin@cainj.org or 609-588-0030.

A Woman Owned Smal l Business

PINX GROUP IS THE RELIEF FOR ALL YOUR PAVEMENT MAINTENANCE AND REPAIR HEADACHES!

Lack of service, difficult to deal with, poor communication & sub par work? TAKE 2

AND CALL US IN THE MORNING √ Sealcoating √ Traffic Signs

√ Line Striping

√ Catch Basin Repair

√ Asphalt Repair & Maintenance

√ Bollards/Parking Bumpers

√ Infrared Pavement Repair

√ Pot Hole Repair

√ Concrete Repair

√ Crack Filling

Pinx Group services Residential, Commercial, HOA, Industrial, Multifamily and Municipal Clients throughout New Jersey www.pinxgroup.com | 732-756-1361

Eradicating Discriminatory Covenants in Community Associations By Jonathan H. Katz, Esq., Hill Wallack LLP

“Ghosts of these racial covenants continue to haunt the title to American real estate and trample the dignity of numerous ethnicities.” — Honorable George Fearing i

I n October 2020, State Senator Troy Singleton intro- duced legislation that would authorize New Jersey com- munity associations, without the vote of the members/ owners, to remove from their documents “any restriction, covenant, or condition that prohibits or limits the convey- ance, encumbrance, rental, occupancy, or use of real property” based on race, creed, national origin, marital status, sexual orientation, or other factors outlined in New Jersey’s Law Against Discrimination (“LAD”). The bill unani- mously passed in the Assembly on June 24, 2021, passed in the Senate on June 30, 2021, and is currently awaiting Governor Murphy’s signature. In order to understand the significance of this legislation, we need to discuss a little bit of history. Restrictive covenants were widely used to prohibit racial, ethnic, and religious minority groups from buying, leasing, or occupying homes throughout the United States into the first half of the 20th

century. Some covenants would generally bar “non-cauca- sian” groups while others would prohibit specific races, nationalities, or individuals with disabilities. ii In 1948, the United States Supreme Court decision in Shelley v. Kraemer iii ruled that these discriminatory cove- nants were unenforceable. Twenty years later, in 1968, the Fair Housing Act was enacted to prohibit discrimination concerning the sale, rental, and financing of housing based on race, sex, religion, national origin, or other protected classes. New Jersey’s LAD, in its earliest iteration, was proposed in 1948 and enacted into law in 1949 iv Like Shelley, those laws also made racially restrictive covenants illegal and unenforceable; however, many of those cove- nants still exist in documents that predate the Fair Housing Act and/or the New Jersey LAD. v Over the last few years, there has been a push, supported by CAI National, to create a process by which community CONT I NU E S ON PAGE 26

Vaselena/ iStock/Getty Images Plus

24

S E P T E M B E R , 2 0 2 1