February 2023

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Please enjoy this issue of Community Trends®, all about Security in common interest communities (CICs).

February 2023 Community Trends

SECURITY

ake Aicher/witsanu singkaew/iStock/Getty Images Plus

In This Issue

• This ArticleWill Self-Destruct in Five (5) Seconds: Understanding Confidentiality in CommunityAssociations • HowSecure are Your Assets?

• What Does a Secure Community Mean to You? • Trust, a Valuable Currency that is Backed byWinning Security Practices • Digitally Exposed ....and more

The Community Associations Institute New Jersey chapter would like to thank its 2023 Ultimate Partners below. For more information on our sponsorships, please contact CAI-NJ at 609-588-0030 or info@cainj.org.

THANK YOU FOR YOUR SUPPORT !

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS

14 This Article Will Self-Destruct in Five (5) Seconds: Understanding Confidentiality in Community Associations By Jonathan Katz, Esq. Hill Wallack LLP 21 How Secure are Your Assets? By Michael Mezzo, CPA WilkinGuttenplan 26 What Does a Secure Community Mean to You? By Daniel Reilly Planned Companies 32 Trust, a Valuable Currency that is Backed by Winning Security Practices By Adam McCombs Vantaca, LLC 33 Digitally Exposed By Ryan Fleming, EBP JGS Insurance, a Baldwin Risk Partner 38 Management Trends — Cyber Security, Community Safety, and Keeping Finances Secure By Mariaellen Varelis RCP Management Company, AAMC, AMO

EXTRAS President’s Corner Looking Ahead

5 6 7 8

CAI-NJ Upcoming Events

Legislative Update

Your Voice is Key with NJ-LAC & CA-PAC

11 13 13 18 19 23 24 27 31 35 40 46 47 49 56

Chapter Trends

The Designation Highway — With Exits CMCA, AMS, and PCAM! — Webinar

Webinar Wednesdays

2023 Annual Awards Celebration Registration 2023 Conquer + Connect Registration Form 2023 Conquer + Connect Sponsorship Opportunities

CAI-NJ Education Proposals

Business Partner Essentials Program Registration

2023 Online Service Directory Form

CAI-NJ Career Headquarters

New Members

CAI Membership Application Write for Community Trends ® 2023 Ultimate Partner Listings

Getty Images Plus

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CAI-NJ BOARD OF DIRECTORS EXECUTIVE COMMITTEE

VICE PRESIDENT STEVEN MLENAK, ESQ. GREENBAUM, ROWE, SMITH & DAVIS, LLP

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

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

TREASURER RYAN FLEMING, EBP JGS INSURANCE, A BALDWIN RISK PARTNER

SECRETARY KRISTINA MUNSON, CMCA, AMS, PCAM RCP MANAGEMENT COMPANY, AAMC, AMO

BOARD MEMBERS

Mary Barrett, Esq. Stark & Stark Attorneys at Law Business Partner Benjamin Basch, EBP

Charles Lavine Traditions at Federal Point Condominium Association Homeowner Leader Carol Nickerson, CMCA FirstService Residential, AAMC Community Association Manager Robert Travis, CIRMS Long Beach Commons Condominium Association Homeowner Leader

Basch Consulting Business Partner Joseph Chorba, CPA

WilkinGutenplan Business Partner

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

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

IMMEDIATE PAST PRESIDENT Jeffrey Logan Guardian Service Industries, Inc.

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PRESIDENT’S CORNER Tony Nardone, MBA, PCAM 2023 CAI-NJ PRESIDENT CORNER PROPERTY MANAGEMENT, LLC, AAMC

CAI-NJ TEAM

“Just one small positive thought in the morning can change your whole day” — Dalai Lama H ere we are in the beginning of February. It’s still dark and gloomy out side when we’re on our way home leading to winter blues. Start each day with a positive thought as we come down the home stretch with Spring right around the corner. Personally, I think each day gets longer by a few minutes, which is a constant reminder that the nice weather is getting closer. Before you know it, the weather will turn, and everyone will be outside enjoying the spring air and BBQ’s. This month we have some fantastic articles revolving around all aspects of security, from cyber security to the staffing of our properties. This topic often gets overlooked and glazed over by many of us until something bad happens. Then, we find ourselves being reactive instead of proactive. Through our partners in CAI, we’ve had many roundtables, zoom calls and discussions on each of the topics in this month’s magazine and most of us have taken the steps to protect our clients and the companies we work for. In keeping up with my theme, reach out to someone in the security field and discuss one of these topics. It could range from the company that provides you with your gate or front desk staffing, an insurance broker, or your IT provider to discuss the wide array of protections for you and your client. Remember, we need to protect ourselves and our clients from all the various threats we face on a daily basis, so this is the time to ask those questions or take the required action to protect yourself. From a management company perspective, we are reviewing our cyber insurance policies annually and keeping up to date on the latest changes in our policies for our clients. We encourage our board members to meet and discuss these changes with their insurance broker in addition to all of their other cover ages on an annual basis. We review our front gate procedures with our staffing vendors and constantly keep up to date with the latest software updates on all of our IT systems and doing routine checks. Our Annual Awards Celebration is right around the corner and I look forward to seeing everyone at this year’s event for a wonderful night of celebrations. Our past President, Jeff Logan will be hosting our event so please join us in his final act. Have warm thoughts. Spring is around the corner! n

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

ROBIN@CAINJ.ORG JENNIFER FARRELL PROGRAM MANAGER 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

CAI-NJ

F E B R U A R Y 2 0 2 3

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

Conflict and Creating a Safety Plan, including a summary by the FBI of RUN, HIDE, FIGHT. To access the full down loadable document, click here. If you are concerned for your safety as a result of the role that you play within your CIC and would like to contribute your perspective with other members, you can participate in the survey currently available through CAI National. The direct link is here. Upcoming Events The 2023 Annual Awards Celebration will take place on Thursday, February 23rd at the Event Center at iPA. Please join us and over 300 of our members as we celebrate excellence in our industry. The winners, chosen by our members, will be honored and you will have an evening full of opportunities to network with other professionals. • Speaker of the Year is awarded to the program or seminar speaker who delivered the most outstanding speech, panel presentation or lecture at a chapter pro gram during the past year, based on evaluation forms. • Author of the Year is selected by the Editorial Committee and is given to the member who has contributed a single article, or a series of articles, that has greatly benefited the community association industry and has been pub lished in the chapter magazine, Community Trends ® , during the preceding year. • Committee Chair of the Year is awarded to the commit tee chair that has assisted the chapter most in attaining its goals for the previous year. • Committee of the Year is awarded to the committee or work group that has been the most successful in achiev ing its goals and objectives for the entire year. • Business Partner of the Year is awarded to the business partner member who has worked for and contributed the most to the chapter and the business partner member ship of CAI. CONT I NU E S ON PAGE 42

“We must all dedicate ourselves to changes in our industry, our culture, and our countries that make our homes places of safety, security, and peace.” — Thomas Skiba CAE, Chief Executive Officer Community Associations Institute. T hose that choose to be a part of a common interest com munity, (CIC) often do so for the safety that is expected to be provided. Our homes are considered our Safe Place. While this is most often considered to be the responsibility of the board and management of the CIC, it’s also necessary for the residents to do their part in keeping all of those living and working amongst them safe from violence. The best way to keep residents safe is to prevent threats before they escalate. If you are aware of a conflict within your community, advise management or the authorities. Any threat or conflict, regardless of how minor it may seem, should be taken seriously. Minimizing conflicts and resolving disputes is the best way to avoid situations that have the potential of escalating to the point of causing harm. If a dis pute between residents of a common interest community or a resident and the HOA should occur, programs such as CAI NJ’s Alternate Dispute Resolution (ADR) are available to settle conflicts of this nature. For further information on the CAI-NJ ADR Program visit, https://cainj.org/adr-mediation/. This month’s issue touches on various types of security that should be considered within a community. Included in this issue are articles on Cyber Security, Gated Community Safety, Security Staffing, as well as How to Ensure that your Communities Finances are Protected. The safety of the residents should be the top priority for management and board members. CAI National recently published, Community Association Safety, Practical Advice and Best Practices for Managing

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CALENDAR 2023 Events & Education

FEBRUARY

MAY

7 15 23

PAC the Rooftop - Networking Event Asbury Festhalle & Biergarten, Asbury Park 10

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

Wednesday Webinar Virtual

JUNE

Annual Awards Celebration The Event Center @iPA, Freehold

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

MARCH

AUGUST

1-2 8 15 23 30

Board Leadership Development Workshop CAI-NJ Office, Freehold The Designation Highway - With Exits CMCA, AMS, and PCAM! Virtual

Ultimate Night Out Jersey Shore BlueClaws Stadium, Lakewood

OCTOBER

Wednesday Webinar Virtual

18 19

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

Business Partner Essentials Course CAI-NJ Office, Freehold

Conference & Expo The Event Center @iPA, Freehold

CA-PAC Top Golf Top Golf, Edison

DECEMBER

APRIL

5 5

Annual Meeting & Chapter Retreat The Grand Marquis, Old Bridge

Imperia, Somerset 19

Conquer + Connect

Winter Break Party The Grand Marquis, Old Bridge

LEGISLATIVE UPDATE

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

T he topic this month is security. The Community Associations Institute Legislative Action Committee (NJ-LAC) has been carefully considering whether legis lation should be introduced regarding the security of board members, residents, and management. Recently there has been a spate of violence directed towards volunteer board members, including the murder of five directors at a condo minium board meeting in Toronto, the murder of three direc tors at a board meeting in Italy, and the murder of a board president and her husband in Florida. The common thread of all three tragedies is that the killer had a vendetta against the board and was viewed in the community as threatening and unstable. For example, the Toronto gunman was facing removal from the building and had multiple past incidents of threatening and cursing his neighbors and employees. Many cooperatives have a mechanism in their governing documents to eject a resident who is a threat for “objection able conduct.” Furthermore, the New Jersey Anti-Eviction Act permits evictions for, “Disorderly Conduct,” “Damage or Destruction to the Property,” and “Substantial Violation of the Rules.” However, most condominiums and homeowner associations (HOAs) have no statutory or governing docu ment authority to remove a threatening resident, even in a multiple dwelling situation. Most U.S. jurisdictions do not have provisions enabling the removal of a condominium resident that poses a threat. In Illinois, it is not atypical for a condominium to have an “involuntary sale” provision in the declaration. A typical provision forces the sale of an owner’s unit if the owner

“...the New Jersey Anti-Eviction Act permits evictions for ‘Disorderly Conduct,’ ‘Damage or Destruction to the Property,’ and ‘Substantial Violation of the Rules.’” A law permitting the removal of community association residents for certain bad acts is desirable to ensure the protection of directors and other residents and should be sufficiently broad to ensure safety and peace and quiet. However, any such law would have to overcome concerns engaged in repeated violations of covenants and restric tions after written notice. by legislators that boards would use in a nefarious and abusive manner. We will continue to carefully examine this issue, together with the experts at CAI National, and develop a preferred policy. As an additional safety and security note, you should be aware that the Borough of Cliffside Park recently enacted an ordinance banning e-bikes and e-scooters in multi-family and commercial structures. The ban was enacted after two significant fires caused by lithium-ion batteries. Whether or not other localities will follow their lead remains to be seen. n

Stay up-to-date on legislative issues at www.cainj.org.

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2023 CAI-NJ COMMITTEES

AWARDS COMMITTEE Annie Gonzales — Chair Lila Khiry Cirillo — Vice Chair Jeanine Clark, Esq. Drew Cowley Lindsay Cupples, EBP

EDITORIAL COMMITTEE Nicole Martone, CMCA, AMS, PCAM — Chair

GOLF OUTING COMMITTEE Fred Hodge, Jr., EBP — Chair Keith Giliberti, PE, RS, EBP — Vice Chair Harold Berlowe, CMCA Chris Belkot Lorenzo Cullari, AICP Sal Iozzia Hank Johns, EBP Lisa Komitor Cathy Mango, EBP Karl Meth, Esq. Paul Migliore

MANAGER COMMITTEE Mary Barone, CMCA, AMS — Chair Chuck Graziano, PCAM — Vice Chair Erin Cautero, CMCA, AMS Tom Curry, CMCA, AMS, PCAM Michael Flippin, CMCA, AMS, PCAM Anthony Gjergji, Jr. Richard Mattalian, CMCA, AMS, PCAM Vincent Rapolla, AMS Mariaellen Varelis Elaine Warga-Murray, CMCA, AMS, PCAM Michelle Williams, CMCA, AMS Board Liaisons Kristina Munson, CMCA, AMS, PCAM Carol Nickerson, CMCA Staff Liaisons: Jaclyn Oskierko Robin Surgent MEMBERSHIP COMMITTEE Tara Baldwin, CPA — Chair Megan Elgard, EBP — Vice Chair Michael Barch Lysa Bergenfeld, Esq. Nichole Gist Antoinette Hutchinson George Jablonski

Drew Podolski, Esq. — Vice Chair Robert Arnone, MSRE, CMCA, AMS Don Cabrera, CMCA Neeraj Chander

Kim Dempsey Jeffrey Logan Christine Maldonado Michael Millar Vanessa Pena Kari Prout, CMCA

David Dockery, Esq. Jonathan Katz, Esq. Michael Mezzo, CPA, MBA

Steven Morris. RS Casey Sky Noon Robert Roop Carol Shenk, EBP Larry Thomas, PCAM Board Liaisons Mary Barrett, Esq. Carol Nickerson, CMCA Staff Liaison: Brooke Stoppiello-Nevins EVENTS COMMITTEE Debbie Pasquariello, CIC, CIRMS, EBP — Chair Diane Cody, CMCA, PCAM — Vice Chair Ray Barnes, CMCA, AMS, PCAM Tim Bruchez

Nicole Skaro, CMCA, EBP Eileen Szelewicki, CMCA Mary Visco Sandi Wiktor Board Liaisons Tony Nardone, MBA, PCAM Christopher Nicosia, CMCA, AMS, PCAM Staff Liaisons: Jaclyn Oskierko Jennifer Farrell BUSINESS PARTNER Gregory Vinogradsky, Esq., EBP — Chair Mike Luzzi, CPIA, EBP — Vice Chair Theresa Beckett, EBP Jack Benson Jordan Burkhalter, CPA

Mike Polulak, Esq. Ross Rutman, EBP David Shahrabani, EBP

Jasmin Shelton Jodi Smallwood Michael Sturchio Ryan Weiner Charles Witczak, III, PE, PP, PLS Tom Witkowski Paul Wojciechowski Board Liaisons Steven Mlenak, Esq. Tony Nardone, MBA, PCAM

Staff Liaisons: Jaclyn Oskierko Jennifer Farrell HOMEOWNER LEADER COMMITTEE Richard Lans — Chair Lois Gerber — Vice Chair Bruce Blum Roslyn Brodsky Barbara Finn, CMCA

Dean Catanzarite Justine DelVecchio

Kim Manicone Mark Mojares Kathleen Radler Brent Rivenburgh, EBP Steve Roderick, EBP Michael Ryan Ken Shah Rick Sobczak Board Liaisons Joseph Chorba, CPA

James Dunigan Frank Fasolo, IV Freedom Hildreth Pam Illiano Stacey Koehl, CMCA, AMS Laura McIntyre, EBP Daniel Reilly

Ron Fermano Carrie Fusella Dave Kiessling Richard Lang, EBP Toni Licciardi Chris Merkler Donna Meyer, EBP Ben Mitrou Sal Sciallo Perry Stavridis Jessica Vail, EBP David VelascoM EBP Michael Vennitti, EBP Board Liaisons Benjamin Basch, EBP Ryan Fleming, EBP

Monica Reyes Rachel Rutman Randy Vogel Melissa Volet, Esq. Jill Zulin Board Liaisons Joseph Chorba, CPA

Charles Fredericks Kenneth Freeman Salvatore Gurriero

Charles Lavine Staff Liaison: Robin Surgent WOMEN’S LEADERSHP COMMITTEE Lirelle Klein — Chair Jamie Cullen, CMCA — Vice Chair Amani Abdellah, Esq.

Keira Hauck Carl Kentzel Cheryl Palent

Board Liaisons Charles Lavine Robert Travis, CIRMS

Charles Lavine Staff Liaisons: Jaclyn Oskierko Jennifer Farrell

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 Mohammed Salyani, CPA — Treasurer Elizabeth Comando, CMCA, PCAM — PAC President Andrew Podolski, Esq. — PAC Vice President James Rademacher, EBP — PAC Committee Jennifer Alexander, Esq. Roslyn Brodsky Barbara Drummond, CMCA, PCAM

Staff Liaisons: Jaclyn Oskierko Robin Surgent

Caryn Brahn Jennifer Carr Linda Courain, CMCA, AMS Ellen Goodman, Esq. Martinia Heath, CMCA, AMS Svetlana Malinsky, CMCA Kristin Marzarella Gail McDermid, CMCA, AMS, PCAM Jennifer Nevins, CMCA, EBP Jen O’Brien Lisa Rayca, CMCA, AMS Cheryl Rhine, CIC, CIRMS, EBP Nikki Schillaci, EBP Lisa Vitiello, CPA Board Liaisons Mary Barrett, Esq. Kristina Munson, CMCA, AMS, PCAM

F.A.S.T. COMMITTEE Steven Kuhnert — Chair Jessica Long — Vice Chair

CONFERENCE & EXPO Saher Gouda, EBP — Chair Shelia Adams, CMCA — Vice Chair Joe Bonafede Jay Burak David Byrne, Esq. Nicole Camarota, CMCA, AMS George Caso Martinez Angela Celeste Ellen Comiski, CMCA Marty Conway John Echelmeier Jessica Kizmann, CPA Erin O’Reilly, CMCA, AMS, PCAM Danita Susi Holly Teufel, CMCA, AMS Board Liaisons Ryan Fleming, EBP Christopher Nicosia, CMCA, AMS, PCAM

JP Ascolese Adara Azeez Jonathan Cairone Alexis Dairman

Eric Eggert, CIC, CIRMS Shelby Evans, CPA, EBP Kristi Evans Rebecca Gavin Mary Ellen Liberatore Will Meola Marian Miawad, Esq. Nicole Miller, Esq.

Mitchell Frumkin, RS Vincent Hager, CIRMS Karyn Kennedy-Branco, Esq. Terry Kessler, Esq. J. David Ramsey, Esq. Lisa Rayca, CMCA, AMS John Reichart Alexander Scheffer, CMCA Richard Milder Cheryl Palent

Jose Romero Dharmi Shah Peter Shine, EBP Ilija Trajkoski

Staff Liaisons: Jaclyn Oskierko Robin Surgent

Lauren Vadenais, EBP Kristy Winchock, EBP Board Liaisons Benjamin Basch, EBP Kristina Munson, CMCA, AMS, PCAM Staff Liaisons: Brooke Stoppiello-Nevins Robin Surgent

Staff Liaisons: Jaclyn Oskierko Jennifer Farrell

Carol Shenk, EBP Board Liaisons: Steven Mlenak, Esq. Robert Travis, CIRMS Staff Liaisons: Angela Kavanaugh Robin Surgent

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CAI-NJ 2023 PARTNERS

Alliance Association Bank Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Becker BELFOR Property Restoration Brown & Brown Insurance of Lehigh Valley Corner Property Management, LLC, AAMC

GAF Hill Wallack LLP Kipcon Inc. McGovern Legal Services, LLC PS&S, LLC PuroClean of Hoboken, Jersey City, Fort Lee Rezkom Enterprises, Inc. Sweeping Corp. of America (SCA) Taylor Management Company, AAMC, AMO Technocality, Inc. USI Insurance Services WilkinGuttenplan

Denali Property Management, Inc. The Falcon Group - Engineering, Architecture & Reserve Specialists FWH Associates, P.A.

Accent Group Access Property Management, AAMC, AMO Adamas Building Services All County Exteriors Amco Pest Solutions, Inc. Anchor Pest Control Becht Engineering BT, Inc. Buckalew Frizzell & Crevina LLP Clearview Washing, LLC Cowleys Pest Services Curcio Mirzaian Sirot, LLC Cutolo Barros, LLC Dior Construction, Roofing, and Siding

Environmental Designers Irrigation, Inc FirstService Residential, AAMC FloodCo USA 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. Lemus Construction, Inc. Mackoul Risk Solutions, LLC

Preferred Community Management Services, Inc., AAMC Radom & Wetter Renda Roads, Inc. Snowscapes South Shore Construction, LLC STAR Building Services Two Men Property Services Group, Inc. Popular Association Banking 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 Valley Bank Wilkin Management Group, Inc. Witczak Engineering One Call Roofing & Siding O & S Associates, Inc. Parallel Architectural Group Pardini R. Construction Corporation PeopleFirst Property & Casualty Services

Morris Engineering, LLC National Contractors, Inc. National Cooperative Bank

Garden State Pavement Solutions Giordano, Halleran & Ciesla Hueston McNulty, P.C. L.N. Rothberg & Son, Inc. Landscape Maintenance Services, Inc. Mizza Pest Control

Accurate Reconstruction APC Hospitality, LLC AR Management Company Association Advisors NJ CCA, Construction Consulting Associates, LLC Felsen Insurance Services, Inc. First Onsite

MyPropertyBilling.com Pacific Western 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

CHAPTER TRENDS Apex Air Duct, Dryer Vent & Chimney Cleaning Makes a New Home in Dayton, NJ Dayton, NJ — Apex, a dryer vent, chimney, and air duct mainte nance company, is proud to announce the opening of its new office for the new year of 2023. After 45 years in business, Apex has expanded to a team of over 15 service technicians and is entirely up to date on chimney safety training, CSIA, and C-DET certifications. The new office in Dayton, NJ is 2,400 square feet and will support the company’s growing client base. In addition to the move, Apex has plans to build a second facility on this property by 2024. This addition will further support their employee in-house training and client capabilities in servicing homes, apartment complexes, and commercial properties throughout New Jersey more quickly and efficiently. Apex Air Duct, Dryer Vent & Chimney Cleaning is excited to move into its new location and looks forward to expansion, providing customers with the highest quality of service. n

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

DESIGNATION HIGHWAY WITH EXITS AT CMCA, AMS & PCAM! THE

Live Webinar!

March 8, 2023 | 9:30 AM - 10:30 AM

PCAM

Presented by Christopher Nicosia, MM, CMCA®, AMS®, PCAM® Prime Management, Inc. AAMC®

AMS

CMCA

Learn about certifications and designations in the community association industry, their importance, the process to achieving them, helpful tips and more...

Visit https://www.cai-nj.org/event-5115290 for details

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THIS ARTICLE WILL SELF-DESTRUCT IN FIVE (5) SECONDS: Understanding Confidentiality in Community Associations

By Jonathan H. Katz, Esq. Hill Wallack LLP

W hat comes to mind when you hear the term confidentiality? For some, it evokes spies and briefcases marked TOP SECRET like in the Mission: Impossible movies (or television show for those older readers). For others, the term suggests personal iden tifiable information (PII) like social security numbers or bank account information, which in today’s world is increasingly a target for criminals or scammers. However, at its core, confidentiality refers to secret or private information of nature, including financial, legal, medical, or otherwise. Before we specifically discuss confidentiality in the communi ty association setting, let’s discuss the basic corporate structure and how that relates to community associations. Directors or trustees of a corporation are considered to have a fiduciary relationship with the corporation and its shareholders/mem bers. As such, the directors’ fiduciary relationship to those members requires adherence and compliance with that cor poration’s founding/governing documents. These same tenets also apply to community associations. An association’s governing documents constitute a contract between the corporation (the association) and its members. An association’s board of directors has a fiduciary obligation to both the association itself and to the owners/members. That means that the directors must act in good faith and promote the health, safety, and welfare of the entire community (known as the duty of care). Likewise, directors must make decisions in the best interests of the association as well as for the protection

of the whole association and its association’s members, and not in an arbitrary or discriminatory fashion or for the benefit of any particular director (known as a duty of loyalty). That leads us to confidentiality. Unlike the duties of care and loyalty, no clear statutory authority imposes a duty of confiden tiality on an association board or its directors. Likewise, there is limited case law in New Jersey regarding confidentiality issues in the community association context. However, an implied component of the duty of loyalty is the responsibility of directors to ensure confidentiality, specifically, to protect and maintain the confidentiality of the association’s books, records, and other information (financial and otherwise). It includes information that may be subject to an attorney-client privilege. Many courts have held that a board member’s right to learn of privileged information comes with the obligation to maintain the confidentiality of that communication, as the privilege (and the right to waive that privilege) belongs to the association and not the individual board member. There is some guidance regarding a board member’s duty of confidentiality found in the Community Association Institute Model Code of Ethics for Community Association Board Members, which provides that board members should not: • Reveal confidential information provided by contractors or share information with those bidding for association contracts unless specifically authorized by the board; • Use their positions or decision-making authority for per sonal gain or to seek advantage over another owner or CONT I NU E S ON PAGE 16

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A RTHUR E DWARDS I NC . Experts in Community Association Management with over 35 years of Experience Serving NJ, NY, PA  People with expertise, resources and commitment  People who work as hard as you to get results  People who know every day is an opportunity to learn something new Talk to us… 201-722-9600 Together we can achieve success! info@arthuredwardsinc.com www.arthuredwardsinc.com We've learned the success of a community is easier when you have:  People you can rely on  People who listen

Corporate Headquarters 210 Broadway ♦ Hillsdale NJ 07642

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425 Fayette Street #309 Conshohocken, PA 19428

Franklin, NJ 07416

CONFIDENTIALITY... from page 14.

• involving employment, promotion, discipline, or dismiss al of any officer or employee of the association; and • falling within the attorney-client privilege to the extent that confidentiality is required in order for the attorney to exercise their ethical duties. However, we must discuss confidentiality in the context of association board meetings by discussing the recent Radburn regulations. These regulations now require that boards may conduct such closed (executive session) meetings and discuss those subjects listed above. Still, boards may not take any binding votes on those issues at any closed meeting. 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.” Please note that this provision could be highly problematic for conducting community association business. As a result, it is recommended that when taking votes on confidential mat ters at open meetings, boards should take extreme caution not to use any language that may disclose any confidential information to the members.

non-owner resident; • Divulge personal information about any association owner, resident, or employee that was obtained in the performance of board duties; or • Reveal to any owner, resident or other third party the dis cussions, decisions, or comments made at any meeting of the board properly closed or held in executive session. In addition to the Model Code discussed above, there is some guidance in both the Condominium Act and the Planned Real Estate Development Full Disclosure Act (PREDFDA). Specifically with respect to association board meetings, both the Condominium Act and PREDFDA provide that associations may exclude or restrict attendance of members at portions of any meeting that discuss any matters: • where disclosure would constitute an unwarranted inva sion of individual privacy. • involving any pending or anticipated litigation or con tract negotiations.

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CONFIDENTIALITY... from page 16.

may be disclosed only when authorized by the association in consultation with the full board and counsel. If you have made it this far, you have hopefully learned that being mindful of a board’s duties and responsibilities regarding confidentiality and confidential information is essential to a well-functioning association. As always, if you have questions about whether your association’s board is acting in accordance with the law and its governing docu ments, you should consult with your association counsel. n END NOTES: i Nearly every episode of the classic late 1960s/early 1970s television series, Mission: Impossible, began with Jim Phelps (portrayed by Peter Graves) receiving a tape-recorded mission briefing, including the now iconic phrases, “Your mission Jim, should you choose to accept it” and, of course, “This tape will self-destruct in five seconds.” ii Since the terms “directors” and “trustees” are equivalent for the purposes of this article, from hereon we will only use the term directors. iii 3 Fletcher Cyclopedia of Corporations (1975 Rev.), § 83 at 142. iv See Thanasoulis vs. Winston Tower 200 Ass’n, Inc., 214 N.J. Super. 408, 420 (App. Div. 1986); Siddons v. Cook, 382 N.J. Super. 1, 7 (App. Div. 2005). v See Billig v. Buckingham Towers Condo., 287 N.J. Super. 551, 563 (App. Div. 1996). vi See Community Association Institute, Model Code of Ethics for Community Association Board Members, click here. vii See N.J.S.A. 45:22A-46 and N.J.S.A. 46:8B-13 and -14. viii In May 2020, the Department of Community Affairs issued additional regulations related to the Radburn legislation that affected board elections, voting, and open meetings. ix N.J.A.C. 5:26-8.12. x Please note that portions of the Radburn regulations are currently being appealed by the chapter, and it is unclear whether these specific provisions may be rescinded or amended as a result of the outcome of that appeal.

There are significant reasons why directors must keep cer tain information confidential, as disclosure could present an unwarranted invasion of privacy, compromise a pending litigation, or result in liability to an association or an indi vidual director. In addition, there are practical reasons to keep particular discussion between directors confidential, as this confidentiality may be important to facilitate open discussion among the directors. If directors cannot be sure that their communications will be kept confidential, it could jeopardize their ability to properly govern the community. Consequently, board members maintaining certain informa tion concerning an association’s activities confidential prevents the possibility of harm to both the association and its mem bers, including other directors. As evident from a director’s duty of loyalty, an association’s information should be kept confidential to the extent that such information is privileged, or its release could lead to damage to the association. Directors should be reminded that information that comes to their atten tion by virtue of their position is property of the association and

WEBINAR WEDNESDAYS

LIVE WEBINAR | SELECT WEDNESDAYS | 12:00 PM - 1:00 PM

Be sure to register to tune in to our educational webinars on relevant topics in the community association industry. These educational sessions will be on select Wednesdays throughout the year. You won’t want to miss them! Featuring Our 2023 Ultimate Partners:

Alliance Association Bank Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Becker BELFOR Property Restoration Brown & Brown of Lehigh Valley Corner Property Management, LLC, AAMC Denali Property Management, Inc. The Falcon Group - Engineering, Architecture & Reserve Specialists FWH Associates, P.A. GAF

Hill Wallack LLP Kipcon Inc. McGovern Legal Services, LLC PuroClean of Hoboken, Jersey City, Fort Lee PS&S, LLC Rezkom Enterprises, Inc. Sweeping Corp. of America (SCA) Taylor Management Company, AAMC, AMO Technocality, Inc. USI Insurance Services WilkinGuttenplan

Managers will receive 1 CEC for attending! *- Must attend entire seminar to receive credit. Visit www.cainj.org/wednesday-webinars for details & to register!

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