July 2024 CT

July 2024 Community Trends

®

ADVANCED ISSUES IN COMMUNITIES

In This Issue

• Maintenance Resolutions in Aging Communities • Handling Dissident Groups in Community Associations • Three Approaches for Stewardship of Trees • Getting Your CMCA ... and more!

TO DOWNLOAD AND PRINT THIS ISSUE, PLEASE CLICK THE ICON BELOW.

The Community Associations Institute New Jersey chapter would like to thank its 2024 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!

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MARCH 2024

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS 14 Maintenance Resolutions in Aging Communities

By Andrew Newman, CMCA, AMS, PCAM, INTEGRA Management Corp., AAMC and Damon M. Kress, Esq., McGovern Legal Services, LLC 22 Handling Dissident Groups in Community Associations By Nicole Martone, CMCA, AMS, PCAM Associa Community Management Corp., AAMC 24 Three Approaches for Stewardship of Trees

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By Michael Falciola Bartlett Tree Experts 30 Getting Your CMCA

By Michelle Price, CMCA, AMS Corner Property Management, LLC, AAMC 34 Management Trends — Benefits of Board Member Training & Board’s Roles in the Community By Vincent Rapolla, AMS, PCAM Taylor Management Company, AAMC, AMO

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EXTRAS President’s Corner Looking Ahead

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5 6 7 8

CAI-NJ Upcoming Events

Legislative Update

Chapter Trends

12 12 17 18 20 27 29 35 37

Conference Kick--Off — Save the Date Annual Beach Party — Register Now! Learn with LAC — Register Now!

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PAC the Haus Networking Event Recap & Photos F.A.S.T. Kickball Tournament — Save the Date

The Ultimate Night Out Registration

2024 CAI-NJ Conference & Expo — Register Now!

F.A.S.T. School Supply Drive

Wednesday Webinar — Complying with Radburn Practically & Realistically 2024, It’s Been a Lot Webinar — Register Now!

39 41

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New Members 42 Community Association Leadership Summit — Register Now! 43 Summer Pints with PAC Registration 45 2024 Ultimate Partner Listings 48

iStock/Getty Images Plus

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JULY 2024

CAI-NJ BOARD OF DIRECTORS

EXECUTIVE COMMITTEE

VICE PRESIDENT RYAN FLEMING, CIRMS, EBP JGS INSURANCE, A BALDWIN RISK PARTNER

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

PRESIDENT CHRISTOPHER NICOSIA, CMCA, AMS, PCAM RCP MANAGEMENT COMPANY, AAMC, AMO

SECRETARY MARY BARRETT, ESQ. STARK & STARK, ATTORNEYS AT LAW

TREASURER JOSEPH CHORBA, CPA WilkinGuttenplan

BOARD MEMBERS

Michael Flippin, CMCA, AMS, PCAM INTEGRA Management Corp., AAMC Community Association Manager Charles Lavine Traditions at Federal Point Condominium Association Homeowner Leader Tony Nardone, MBA, PCAM Corner Property Management, LLC, AAMC Community Association Manager

Cheryl Rhine, CIC, CIRMS, EBP USI Insurance Services Business Partner Robert Travis, CIRMS Long Beach Commons Condominium Association Homeowner Leader

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

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

IMMEDIATE PAST PRESIDENT Tony Nardone, MBA, PCAM Corner Property Management, LLC, AAMC

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JULY 2024

PRESIDENT’S CORNER Christopher Nicosia, MM, CMCA, AMS, PCAM 2024 CAI-NJ PRESIDENT RCP MANAGEMENT COMPANY, AAMC, AMO

CAI-NJ TEAM

Happy July, fellow CAI-NJ Members! Welcome to another edition of Community Trends ® !

ANGELA KAVANAUGH CHAPTER EXECUTIVE DIRECTOR ANGELA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, CONFERENCE & EVENTS JACLYN@CAINJ.ORG ROBIN SURGENT DIRECTOR, MEMBERSHIP DEVELOPMENT ROBIN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS EDITORIAL & WEBSITE MANAGER BROOKE@CAINJ.ORG JOCELYN GARLOCK PROGRAMS & EVENTS COORDINATOR JOCELYN@CAINJ.ORG HELEN KIECHLIN MARKETING & MEMBER RELATIONS COORDINATOR HELEN@CAINJ.ORG

I n this month’s issue of Community Trends ® , our experts delve into topics facing communities that are later in their life cycle as well as topics unique to active adult communities. There are many complex issues that face these two subsets of associations and our experts dive in to provide some helpful information and guidance to those living and working in these communities. I hope you enjoy these articles and gain some useful insight and information — I know I did! For this month’s article, I wanted to highlight a longstanding charitable event that

is coming up on Wednesday, July 10th… THE CAI-NJ F.A.S.T. OLYMPICS! The Olympics is an annual event hosted and coordinated by our fantastic F.A.S.T. Committee that brings our chapter togeth er for a day of friendly competition, great food, and networking to raise money for Make-A-Wish ® New Jersey! This year is a milestone year — not only are we celebrating 10 years of partnership, but we are poised to

“Last year, CAI-NJ donated

over $17,000.00... This year, we aim to donate even more and we need your help!”

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

exceed $100,000.00 in cumulative donations! This is a major milestone and allows Make-A-Wish ® New Jersey to grant even more wishes for the incred ibly brave children battling childhood diseases. Last year, CAI-NJ donated over $17,000.00, which granted two (2) wishes. This year, we aim to donate even more and we need your help! At the CAI-NJ Olympics, we have the annual “Slime the Board Challenge”…a fun way to raise even more money for Make-A-Wish ® New Jersey. All you have to do to participate is make a donation in the name of a specific board member you want to see get slimed. This year, I am joining Ryan Fleming, CIRMS, EBP of JGS Insurance, a Baldwin Risk Partner and Michael Flippin, CMCA, AMS, PCAM of INTEGRA Management Corp., AAMC for sliming in the name of charity. I ask each of you to please consider donating to see one of us covered in green goo. Prior “Slime the Board Challenge” winners include Steve Mlenak, Esq. of Greenbaum, Rowe, Smith & Davis, LLP, Kristina Munson, CMCA, AMS, PCAM of RCP Management Company, AAMC, AMO, and Mohammed Salyani, CPA, FCCA or WilkinGuttenplan. This year, I would love to see us reach $10,000 with the, “Slime the Board Challenge”!

CAI-NJ on Social Media

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

@cainewjersey

CONTINUES ON PAGE 50

CAI-NJ

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JULY 2024

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

T hose living and working in Common Interest Communities, (CICs), understand the importance of being properly educated on topics that affect their communities as well as the best practices for effective community association board leadership. In addition to education there are resources available to assist you in serving these communities. The Board Leadership Development Program provides a foundation for effective community association board lead ership. The in-person, two-day program is available to CAI-NJ member community boards free of charge and covers five areas, Governing Documents and Roles & Responsibilities, Communications, Meetings and Volunteerism, Fundamentals of Financial Management, Professional Advisors and Service Providers, and Association Rules and Conflict Resolution. It is strongly recommended that both experienced board members and those thinking about getting involved, take the program to become a more informed and effective leader. Lectures on timely topics and legislation are available throughout the year, hosted in-person and virtually. Coming up this year, It’s Been a Lot – mid-year community associa tion update on legislation and how these changes directly impact your community, and the Community Association Leadership Summit – panel discussion with the experts speaking on hot topics affecting your community. Be sure to check our website for upcoming programs as we are adding to our schedule monthly. Community Trends ® , the chapter’s informative, monthly magazine, and the CAI-NJ Webinar Library can be accessed on the website, www.cainj.org. Included are articles and educational topics that are timely for everyone living and working in CICs. Annual Conference & Expo, on Thursday, October 17th at the New Jersey Convention Center in Edison will offer five educational programs including a Lunch and Learn Legislative Update led by our award-winning New Jersey

Legislative Action Committee (NJ-LAC). In addition to the education, community leaders will have the opportunity to visit over 180 exhibitors and have their questions answered by professionals, as well as shop for the latest trends in the industry. CAI Press, the CAI Bookstore, offers a wide selection of books and best practices, in both print and digital formats, on association governance, management, and operations, including the Board Member Toolkit.

“In addition to education there are resources available to assist you in serving these communities.”

CAI Exchange offers a platform to share your knowledge and ideas with your peers. The CAI Exchange is an excel lent opportunity to engage with other educated members on challenges that they have faced. CAI-NJ Alternative Dispute Resolution (ADR) – Mediation Program, offered exclusively to CAI-NJ members, is an effi cient process to resolve housing-related disputes between individual owners and associations and between individual unit owners within CICs. Don’t’ miss this month’s articles on significant topics and use them as a reference tool. • Handling Dissident Groups in Community Associations – acknowledging that the opinions of all residents are heard and valued and the importance of knowing how to navigate the conversations for a positive outcome. • How to Get Your CMCA Credential – the benefits of earning the credential for both the manager and the communities that they serve and how to obtain it.

CONTINUES ON PAGE 43

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JULY 2024

CALENDAR 2024 Events & Education

JULY

SEPTEMBER Beach Party

10 11 16

12 17 25

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

Martell’s Tiki Bar, Pt. Pleasant

2024 - It’s Been a Lot Virtual

Learn with LAC Virtual

Community Association Leadership Summit Greenbriar Woodlands

Wednesday Webinar - Complying with Radburn Practically & Realistically Virtual

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

AUGUST

7 15 22

Community Conversations Live Virtual

OCTOBER

Ultimate Event - Jersey Shore BlueClaws ShoreTown Ballpark, Lakewood

1 16 17

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

Summer Pints with PAC Homestead Bar + Kitchen, Morristown

Conference Kick-Off Sheraton, Edison

Annual Conference & Expo New Jersey Convention & Exposition Center, Edison

NOVEMBER

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Community Conversations Live Virtual

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

LEGISLATIVE UPDATE

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

F rom time-to-time associations should review the legal protections that they are affording to their hard-work ing, volunteer boards. The first line of defense, of course, is making sure that the association is following pro cedural requirements. The business judgment rule protects the association and directors from having its decisions sec ond-guessed or attacked in lawsuits. However, the business judgment rule only applies if the action taken by the board is within the scope of its authority and is not fraudulent, unconscionable, or self-dealing. If the board takes action without legal authority, the action is ultra-vires (i.e. without authority). There are two types of ultra-vires acts: (1) those that are ultra-vires in the “primary” sense (i.e. the board did not have the authority to take the action no matter what); and, (2) actions that are ultra-vires in the “secondary” sense (i.e. the board did not follow proper procedural require ments, such as approving the action in a meeting open to attendance by unit owners). Therefore, boards should review their operating proce dures to ensure that the actions they are taking are autho rized in both the primary sense (i.e. is the action prohibited by law or the governing documents, or does it require owner approval) and the secondary sense (i.e. was it approved in a properly noticed public meeting). In that connection, and as the second line of defense, a board should consider seeking legal advice regarding whether it has the legal authority to take a proposed action. This is because New Jersey corporate law contains statutes providing that directors do not have personal liability if, in taking an action, they reasonably relied upon the advice of counsel. Therefore, the value in obtaining a legal opinion is not only in “getting it right,” it also provides an additional layer of protection for the board. The third line of defense in avoiding claim exposure is making sure that the association has appropriate directors

“...boards should review their operating procedures to ensure that the actions they are taking are authorized in both the primary sense...and the secondary sense...” and officers (“D&O”) insurance in place. This analysis should involve not only ensuring that there is a D&O pol icy in place, but also in ensuring that the policy provides sufficient defense coverage for the types of claims that a community association director may expect to face. For example, many “package” D&O policies (i.e. a D&O policy that is part of a commercial general liability policy) may exclude not only coverage, but also the defense of discrimination claims. Under that circumstance, if a claim is brought against an individual director, the director may be left defending the case out of pocket unless the association agrees to advance legal fees in advance of a judgment pursuant to an advancement undertaking. Therefore, it is important that boards seek the advice of their insurance professionals and legal counsel when binding a D&O policy. The fourth line of defense is afforded by indemnification and exculpation provisions set forth in the association’s bylaws or articles of incorporation. The vast majority of association governing documents contain provisions in this regard, and those provisions should be periodically reviewed to determine whether they should be updated or enhanced from time to time through governing document amendments. The final line of defense is statutory indemnification pro visions set forth in New Jersey corporate law. Generally CONTINUES ON PAGE 11

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JULY 2024

2024 CAI-NJ COMMITTEES

AWARDS Lila Khiry Cirillo — Chair Kim Dempsey — Vice Chair Liz Bonafide Jeanine Clark, Esq. Drew Cowley Lindsay Cupples, EBP Michelle Gadaleta Kristin Guinan Nick Haralambopoulous, CPA Christine Maldonado Matthew Manley Newlin Peng Kari Prout, CMCA Eileen Szelewicki, CMCA Mary Visco Board Liaisons: Steve Mlenak, Esq. Chris Nicosia, CMCA, AMS, PCAM Staff Liaisons: Jocelyn Garlock Jaclyn Oskierko BUSINESS PARTNER Mike Luzzi, CPIA, EBP — Chair Theresa Beckett, EBP — Vice Chair Jack Benson Jason Ciavarro

EDITORIAL Drew Podolski, Esq. — Chair Casey Noon — Vice Chair Robert Arnone, MSRE, CMCA, AMS Ben Basch, EBP David Cerqueira, Esq. David Dockery, Esq. Damon Kress, Esq. Nicole Martone, CMCA, AMS, PCAM Michael Mezzo, CPA Steven Morris, RS Andrew Newman, CMCA, AMS, PCAM Board Liaisons: Mary Barrett, Esq. Staff Liaison: Brooke Stoppiello-Nevins EVENTS Diane Cody, CMCA, PCAM — Chair Randy Vogel — Vice Chair Anthony Gjergji Maria Mikowski Debbie Pasquariello, CIC, CIRMS, EBP Alexandra Pollera Lyly Ton Melissa Volet, Esq. Jill Zulin Board Liaisons: Charles Lavine Tony Nardone, MBA, PCAM Staff Liaisons: Jocelyn Garlock Jaclyn Oskierko F.A.S.T. Jessica Long — Chair Eric Eggert, CIC, CIRMS, EBP — Vice Chair Adara Azeez Chelsea Brodmerkel Rebecca Gavin Steven Kuhnert Mary Ellen Liberatore, Esq. Will Meola, RS Marian Miawad, Esq. Nicole Miller, Esq. Kristina Munson, CMCA, AMS, PCAM, CPM Jen O’Brien Jose Romero, EBP Dharmi Shah Peter Shine, EBP Jimmy Stovall Lauren Vadenais, EBP Michael Vargetto Kristy Winchock, EBP CJ Witczak Board Liaisons: Michael Flippin, CMCA, AMS, PCAM Cheryl Rhine, CIC, CIRMS, EBP Staff Liaisons: Brooke Stoppiello-Nevins Robin Surgent Jonathan Cairone Melanie Donnoli Kristi Evans Shelby Evans, CPA, EBP Nicole Ancona Michael Blaney Stacey Bishara, CMCA, AMS Tim Bruchez Dean Catanzarite Justine DelVecchio Mary DeNone Frank Fasolo

GOLF OUTING Lisa Komitor — Chair Jasmin Shelton — Vice Chair Doug Andersen Chris Belkot Harold Berlowe, CMCA Lorenzo Cullari, AICP Marty Ehrlich Chris Fernandes Donna Fiore, CMCA Keith Giliberti, PE, RS, EBP Fred Hodge, EBP Sal Iozzia Hank Johns, EBP Cathy Mango, EBP Karl Meth, Esq. Paul Migliore Matt Pfister Mike Polulak, Esq. David Shahrabani, EBP Jodi Smallwood Michael Sturchio Ryan Weiner Charles Witczak, III, PE, PP, PLS Paul Wojciechowski Board Liaisons: Michael Flippin, CMCA, AMS, PCAM Tony Nardone, MBA, PCAM Staff Liaisons: Jocelyn Garlock Jaclyn Oskierko HOMEOWNER LEADER Lois Gerber — Chair Bruce Blum — Vice Chair Joseph Branciforte Roslyn Brodsky Barbara Finn, CMCA Charles Fredericks Carl Kentzel Thomas Krieger

MANAGER Chuck Graziano, PCAM — Chair Mariaellen Varelis — Vice Chair Antoinette Hutchinson Richard Mattalian, CMCA, AMS, PCAM Erin O'Reilly, CMCA, AMS, PCAM Dan Penix, CMCA Vince Rapolla, AMS, PCAM Christopher Spagnuolo Erin Spiliotopoulos, CMCA, AMS Barbara Strubel, CMCA Elaine Warga-Murray, CMCA, AMS, PCAM Board Liaisons: Michael Flippin, CMCA, AMS, PCAM

Staff Liaisons: Jaclyn Oskierko Robin Surgent MEMBERSHIP Tara Baldwin, CPA — Chair Ken Shah — Vice Chair Lysa Bergenfeld, Esq. Jeffrey Cuevas Megan Brazil, EBP Nichole Gist Melissa Lloyd, CMCA, AMS

Kim Manicone, EBP Francisco Marcucci Kathleen Radler

Joe Cunningham Glenn Fedale, Sr. Carrie Fusella Dave Kiessling, RS, EBP Richard Lang, EBP Toni Licciardi, EBP Christopher Lugara Fran McGovern, Esq. David McNamara Chris Merkler Donna Meyer, EBP Jonathan Moscou John Prisco, Esq., EBP

Brent Rivenburgh, AAI Steve Roderick, EBP Michael Ryan Larry Sauer, CPM, CMCA, PCAM

Denise Schiera Ryan Trembley Board Liaisons: Joe Chorba, CPA

Charles Lavine Staff Liaisons: Robin Surgent WOMENS LEADERSHIP

Ross Rutman, EBP Herman Shaugger David Velasco, EBP Gregory Vinogradsky, Esq., EBP

Richard Lans Cheryl Palent Board Liaisons: Charles Lavine Bob Travis

Jamie Cullen-DeVries, CMCA, AMS — Chair Linda Courain, CMCA, AMS — Vice Chair Jennifer Carr Alexis Dairman, Esq. Beth Duffy, CMCA Kimberly Finno Patricia Foltanski Jessica Kizmann, CPA Lirelle Klein Elizabeth Maltais Jessica Marvel, EBP Kristin Marzarella-Amato Shannon McCormick

Board Liaisons: Joe Chorba, CPA Ryan Fleming, EBP

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 CONFERENCE & EXPO Shelia Adams, CMCA, AMS — Chair John Echelmeier — Vice Chair Tom Anzalone Brian Aubrey, PCAM

Rachel Neves Anita Rothery Nikki Schillaci, EBP Board Liaisons: Mary Barrett, Esq. Cheryl Rhine, CIC, CIRMS, EBP

Martin Bahner Michael Blaney Joe Bonafede Jay Burak Jordan Burkhalter, CPA John Desien Ellen Comiski, CMCA Marty Conway

Staff Liaisons: Jaclyn Oskierko Robin Surgent

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 Board Liaisons: Richard Milder Cheryl Palent

Anthony Dellanno Saher Gouda, EBP James Kiernan George Caso Martinez Jerome Quagliozzi Holly Teufel, CMCA, AMS Board Liaisons: Ryan Fleming, EBP Chris Nicosia, CMCA, AMS, PCAM

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

Staff Liaisons: Jocelyn Garlock Jaclyn Oskierko

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JULY 2024

CAI-NJ 2024 PARTNERS

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

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LEGISLATIVE UPDATE... from page 8.

Trustee or officer of the Association except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for willful misconduct or bad faith. In the event of a settlement, indemnification shall be provided only in connection with such matters covered by the set tlement as to which the Association is advised by counsel that the person to be indemnified had not been guilty of willful misconduct or bad faith in his performance of his duty as such Trustee or officer in relation to the matter involved. The Supreme Court determined that while the second sen tence could imply that a director or officer who successfully sues the association should be indemnified, when the entire clause is read it is clear that it was only intended to apply to “third-party” claims by Unit Owners. The Court stated: In short, the interplay between the third sentence, in which the Association’s own counsel must judge the indemnitee trustee’s behavior, and the first sentence, which provides that trustees “shall not be liable to the [u]nit [o] wners,” suggests that the more reasonable interpretation of the second sentence is that the agreement was meant to cover any and all actions by unit owners who bring actions against trustees in their capacity as trustees. What is potentially concerning about the Court’s narrow interpretation and its decision to focus on sentences other than the actual indemnification sentence is the implication that an indemnity provision such as that in the Ocean Club case may only extend to “third-party” claims by unit own ers, and not “third-party” claims by others. Furthermore, the Court did not address what impact, if any, the indemnifica tion statute may have on the court’s analysis, nor is it clear what indemnification obligation may exist if, for example, a newly empowered board with a vendetta against former directors chose to use the corporate power to bring suit against those former directors. Therefore, it may be prudent for directors to re-evaluate the indemnity language in their governing documents with legal counsel in light of the Ocean Club case. n

speaking, these laws permit, but do not require, the advancement of legal expenses while a suit is pending. They also generally mandate that the association pay or reimburse legal expenses if the director successfully defends a suit, and permit, but do not mandate, the reimbursement of legal expenses in the event of an unsuccessful defense under certain circumstances. The last thing a volunteer director needs is to have to pay legal fees, which could run into the hundreds of thousands of dollars, out of his or her own pocket. Therefore, directors should be cognizant of these issues. As an interesting note on the above issues, courts have often determined that directors who were successful in suing an association and vindicating their rights as directors (i.e. such as challenging an improper removal or improper exclu sion from meetings) are entitled to reimbursement of legal fees under governing documents or statutory authority. A recent New Jersey Supreme Court case called Boyle v. Ocean Club Condominium Association, 2024 WL 2753874 determined that indemnification clauses must be narrowly construed against the party seeking indemnification, and that indemnification of a so-called “first-party claim” (as opposed to a “third-party claim,” meaning a claim by someone not on the board) will only be found if such indemnification is “expressly” provided in the governing documents. The indemnification language in the association’s bylaws stated: The Trustees and officers shall not be liable to the Unit Owners for any mistake of judgment, negli gence or otherwise, except for their own individual willful misconduct or bad faith. The Association shall indemnify every Trustee and officer ... against all loss, costs and expenses, including counsel fees, reasonably incurred by him in connection with any action, suit, or proceeding to which he may be a party by reason of his being or having been a

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

CHAPTER TRENDS Apex Dryer Vent, Air Duct, and Chimney Cleaning Announces Kari Prout, CMCA as New Business Development Manager

ing revenue, and fostering long-term partnerships with property managers across the region. As the Business Development Manager, Kari will focus on identifying new opportunities, cultivating relationships with key stakeholders, and implementing strategic initia tives to enhance Apex’s market position. Her commitment to delivering exceptional service and her passion for driving results will further elevate the company’s repu tation as a leader in dryer vent, air duct, and chimney cleaning. n

Apex Dryer Vent, Air Duct, and Chimney Cleaning is thrilled to announce the appoint ment of Kari Prout, CMCA, as their new Business Development Manager! In her role, Kari will spearhead new business growth initiatives in the dynamic markets of New Jersey and Pennsylvania. With a wealth of experience in the

community association industry and a proven history of success, Kari brings a strategic approach and fresh perspective to the Apex team. Her expertise will be instrumental in expanding the company’s presence, driv-

For information and guidelines on submitting items for Chapter Trends, please contact Brooke Stoppiello-Nevins at brooke@cainj.org.

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JULY 2024

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Maintenance Resolutions in Aging Communities

By Andrew Newman, CMCA, AMS, PCAM, INTEGRA Management Corp., AAMC and Damon M. Kress, Esq., McGovern Legal Services, LLC

“An aging home or building...is subject to the consequences of the level of maintenance performed over time.”

G enerally, there are two stages of life where peo ple tend to visit doctors often. As infants, we visit the doctor very regularly to receive immuniza tions and to monitor our early growth and development. For most, early immunizations help new young bodies adapt to a world filled with viruses and germs. Regularly monitoring growth and development at this early stage helps children’s parents and doctors determine whether there are any rea sons to be concerned about how the child is progressing, and whether intervention may be necessary to help the child achieve their full potential. Then, as we age, people tend to find themselves visiting doctors more often as our bodies once again become more susceptible to disease and we begin to experience the types of physical and cognitive deterioration that are normal for everyone, which may result from the choices we

make throughout our lives. During these visits, individuals receive additional immunizations and boosters for those they received as children. Doctors also monitor the dete rioration of their patients’ bodies and minds to determine whether there are any reasons to be concerned about how the person is aging and whether intervention may be nec essary to help the individual achieve a full and meaningful later-life. While it is far from a one-for-one comparison, bodies and homes are similar in this way. During its warranty peri od, a new home or building will be tested, and it is not uncommon to resolve a few minor issues and, on occasion, a major one too. An aging home or building, on the other hand, has faced the weather, the stress of its own weight, battled water through its pipes and is subject to the conse quences of the level of maintenance performed over time. CONTINUES ON PAGE 16

PCH-Vector/ Rudzhan Nagiev/iStock/Getty Images Plu

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We’re excited to custom build an insurance solution that’s just right for your community. Our community association specialists can help you meet your governance needs. Together, we can put your worries to rest. Acrisure is a leading insurance broker and consultant that provides employee benefits, property and casualty, retirement and individual private client solutions through our licensed subsidiaries and affiliates. Our expertise is matched only by our local presence and personal commitment to each client’s goals. Local Offices in New Jersey

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MAINTENANCE... from page 14.

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In most instances, it is through main tenance that one can achieve the full useful life for many items, systems, and components in that home or building. While many homeowners will nat urally take care of the asset that was potentially their single biggest purchase, others may not. There are virtually infinite reasons why some one might not maintain their home properly. For example, some mainte nance may go undone because the

FULL ENGAGEMENT. DETAILED UNDERSTANDING. ONGOING SUPPORT. Our property wellness experts and easy-to-understand reserve studies empower boards with accurate budget and action plans that support their community’s physical and financial well-being today and into the future.

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owner does not know it is necessary. In other instances, the maintenance may just be forgotten because we have all become overscheduled. In some cases, the maintenance may be foregone simply because the owner lacks the funds that are necessary to perform the required work. Whatever the reason, a community association cannot always rely on the individual members to keep up with their mainte nance responsibilities. In community association settings, where people’s homes are often attached, or in close proximity, to another, the lack of proper mainte nance of one home can negatively impact the other homes around them. As an example, an owner’s failure to properly maintain the landscaping

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MAINTENANCE... from page 16.

fare of all the people and homes in the community. Ensuring that all members perform proper maintenance on their homes, in accordance with the requirements set forth in the governing documents, is consistent with that obligation. Therefore, it is through such language that an association’s board can implement policy resolutions to aid in enforcing such upkeep. Over the years, with the assistance of management and legal counsel, associations throughout the State have devel oped a number of resolutions establishing maintenance requirements and schedules for certain common compo nents in community associations. For example, to help reduce the risk of fires, condominiums and other communi ties with attached homes often adopt resolutions requiring owners to have their dryer vents and chimneys inspected and cleaned every year or two. To help reduce the risk of floods, condominiums and other communities with attached homes often adopt resolutions requiring owners to replace their hot water heaters on some defined schedule such as every ten years, or when the manufacturer’s warranty for the component expires. To further mitigate flood risks, associa tions often adopt resolutions requiring owners to replace the

around their home can hurt their neighbors’ ability to enjoy their own properties, and the neighborhood around them. In certain instances, the negative impact from improper maintenance can be substantial, or even life threatening. For example, an owner’s failure to regularly clean their dryer vent line in a condominium building could cause a fire that might burn down their home, and the homes of everyone else in the building.

The governing documents for every community associa tion should require owners to maintain their homes and property. The gov erning documents also impose a duty upon the community association to exercise their pow ers to protect the health, safety, and general wel

“In certain instances, the negative impact from improper

maintenance can be substantial, or even life threatening.”

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

Upcoming events include the Summer Pints with PAC and the 9 & Nosh on October 1st. Stay tuned on www.cainj.org for details!

-Liz Comando, CMCA, PCAM CA-PAC President

Sorry, CA-PAC cannot accept credit cards. Please make your CORPORATE or PERSONAL CHECK payable to: CA-PAC, 500 Harding Road, Freehold, NJ 07728

I WANT TO SUPPORT COMMON INTEREST COMMUNITIES... My Association/Management company is making a PAC gift of:

___ $250 ___ $500 ___ $1000 or $________ ___ $100 ___ $250 ___ $500 or $________ ___ $50 ___ $100 ___ $250 or $________

My supporting business is making a PAC gift of:

I am personally making a PAC gift of:

The New Jersey Election Law Enforcement Commission requires us to collect and report the name, mailing address, occupation and name of the employer of contributors whose contribution exceeds $300 in a calendar year. Contributions to CA-PAC are not deductible for federal income tax purposes. Contributions are not limited to suggested amounts. CA-PAC will not favor nor disadvantage anyone based upon the amounts or failure to make PAC Contributions. Voluntary political contributions are subject to limitations of ELEC regulations. CA-PAC contributions are not considered payment of CAI dues. Community/Company: _____________________________________________________________________________________________________________ Individual Name: _________________________________________________________________________________________________________________ Mailing Address: __________________________________________________________________________________________________________________ City, State, ZIP: ___________________________________________________________________________________________________________________ Phone: _________________________________________________Email:_____________________________________________________________________ Employer Address (if applicable): ____________________________________________________________________________________________________ City, State, ZIP: ___________________________________________________________________________________________________________________ Management Company Name: _____________________________________________ (Community Association’s Only) DO NOT INCLUDE MY NAME OR COMPANY ON THE LIST OF CA-PAC CONTRIBUTORS Sorry, CA-PAC cannot accept credit cards. Please make your CORPORATE or PERSONAL CHECK payable and mail to: CA-PAC, 500 Harding Road, Freehold, NJ 07728

Handling Dissident Groups in Community Associations By Nicole Martone, CMCA, AMS, PCAM, Associa Community Management Corp., AAMC

L et’s start by looking at the definition of the word “dis sident”: dis·si·dent/noun: a person who opposes official policy, especially that of an authoritarian state/ adjective: in opposition to official policy. Dealing with dissent, especially within a group, is something many of us have expe rienced. Think about a time when you had a strong disagree ment with friends or family. Handling such situations respectful ly and with understanding can make all the difference. When we talk about dissidents, we’re not just discussing abstract concepts; we’re talking about real people with genuine concerns. Consider the US Supreme Court, where justices frequently issue dissenting opinions. This isn’t a sign of dysfunction; it’s a vital part of how they operate, ensuring that diverse viewpoints are considered. Calling a group “dissident” shouldn’t be seen as a negative label. It’s

simply acknowledging that they hold different views from the mainstream. Navigating interactions with a dissident group requires patience and empathy. First, it’s crucial to listen. People need to feel heard and understood. When someone feels ignored or dismissed, their frustration often grows. Creating opportunities for open dialogue, such as regular meetings or forums, helps build a bridge for communication. It’s about ensuring everyone has a voice and feels valued. Finding common ground can be incredibly powerful. Even when disagreements run deep, there are usually shared goals or values that can serve as a foundation for compromise. Focusing on these commonalities can help steer discussions toward constructive solutions rather than conflict.

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Leadership plays a pivotal role in this process. Leaders who show empathy and are willing to engage in tough conversations set the stage for respectful and productive discourse. They need to be role models, show ing how to handle disagreements gracefully and fairly. This involves being open to feedback and willing to adjust based on the group’s input. Fairness is another critical element. Any hint of favoritism or bias can

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quickly escalate tensions. It’s important to have clear, consistent policies in place and to apply them equally to everyone. This helps build trust and shows that the process is just and unbiased. In the end, managing dissent is about more than just keeping things under control. It’s about fostering an environment where diverse opinions are welcomed and valued. This not only strengthens the organization but also leads to better decision-mak ing and a more resilient community. Embracing and engaging with dis senting voices can transform challeng es into opportunities for growth and improvement. n

Returning families to their homes since 1985 Visit the website of CAI-NJ www.cainj.org

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JULY 2024

Three Approaches for Stewardship of TREES By Michael Falciola, Bartlett Tree Experts

B enjamin Franklin wisely once stated, “By failing to prepare, you are preparing to fail.” No one likes failure and nearly everyone wants to be part of something successful. As a decision maker in your community, you know that planning is one of the key ingredients to success. Unfortunately, many communities are unaware how to properly plan to steward the green assets under their care. Many communities take a reactive approach to tree and shrub care, addressing issues only as they arise. Some examples of this would include only calling out a tree care provider when branches fall, trees die, or limbs start to rub on siding and gutters. How can you break this cycle? This article will provide three options for stewarding your tree and shrub assets. Each of these options should be carried out by a qualified practitioner, namely a Certified Arborist. First off, what is a Certified Arborist? A Certified Arborist is a tree care practitioner who obtained credentialing

through training and knowledge in all aspects of arboricul ture. These individuals understand tree biology, tree iden tification, soil management, pruning techniques, diagnosis and treatment, tree risk and several other related catego ries. By enlisting the help of Certified Arborist, you gain a far greater level of confidence that your trees and shrubs will be stewarded at a higher level. Simple approach: Annual inspections Take action: Set up annual walk-through inspections of your community. Doing these at least once a year is a good start. Performing these in dormancy is great because often an arborist can devote more time to assess and develop a program of care. A superior approach is to do a mid-sum mer walk through as well to identify any needs that may have arisen over the course of the growing season. To maximize the effectiveness of the walk through, have a list of areas or items of concern. Additionally, have a line item in your budget devoted to tree and shrub care steward CONTINUES ON PAGE 26

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TREES... from page 24.

ship. Following the walk through, the arborist can share what are the most pressing safety and health related concerns. A plan of action can be developed seeking to stay as close to the budget as possible. Any items that can’t be performed within budget are phased to next season, assuming the risk threshold is acceptable. The above may seem so rudimenta ry, but you’d be surprised how many

“To maximize the effectiveness of the walk through, have a list of areas or items of concern.”

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communities are deficient in this area. By simply setting a line item in your budget and allocating somewhere between 2-5 hours of walking and reviewing, many issues can be identi fied, planned for, and addressed in a sensible manner. More robust approach: Phased needs assessment A more robust approach is to under stand what the immediate, intermedi ate, and future needs of the community are. This approach is not developed from a budget-first basis, but rather a needs-first basis. The Certified Arborist

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CAI-NJ advises that for training, marketing or other purposes, all events may be recorded, videotaped and/or photographed. By attending a CAI-NJ 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.

CONTINUES ON PAGE 28

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