May 2023

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Please enjoy this issue of Community Trends®, all about maintaining Mental Health in the community association industry.

MAY 2023 Community Trends

MENTAL HEALTH

brickrena/iStock/Getty Images Plus

In This Issue

• Searching with My Good Eye Closed: Addressing Mental Illness in CommunityAssociations • The Challenges of Virtual Meetings • The Emotional Support Peacock? A Brief Overview of Considerations

When Faced with an Emotional Support Animal Request • HowDifferent Professionals Deal with Mental Health • ....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

12 Searching With My Good Eye Closed: Addressing Mental Illness in Community Associations By Jonathan H. Katz, Esq. Hill Wallack LLP 24 The Challenges of Virtual Meetings By Michael Mezzo, CPA, MBA WilkinGuttenplan 32 The Emotional Support Peacock? A Brief Overview of Considerations When Faced with an Emotional Support Animal Request By Gregory Vinogradsky, Esq., EBP Callahan & Fusco, LLC 36 How Different Professionals Deal with Mental Health By Nicole Martone, CMCA, AMS, PCAM, Associa Community Management Corp., AAMC, 38 Management Trends: There’s More to Health than Working Out and Eating Well: Mental Health Challenges in the Community Association Industry Steven J. Morris, P.E., R.S., Morris Engineering, LLC and Damon M. Kress, Esq., McGovern Legal Services, LLC

By Chuck Graziano, CPM, PCAM Wilkin Management Group, AAMC

EXTRAS President’s Corner Looking Ahead

5 6 7 8

CAI-NJ Upcoming Events

Legislative Update

PAC the Rooftop Networking Event Registration 2023 Dennis R. Casale Memorial Golf Outing — Dinner Only Registration 2023 Conquer + Connect Recap & Photos CAI-NJ Family Day at Laurita Winery — Save the Date Board Leadership Development Workshop Registration CMCA Study Session — Coffee & Cram Registration Creative & Cost Effective Collections Registration 2023 CAI-NJ Conference & Expo — Save the Date 2023 Beach Party — Save the Date

13 21 27 31 35 39 41 43 44 44 47 50 53 56

New Members

New Members Open House — Save the Date Conference & Expo Education Proposals

Webinar Wednesdays

F.A.S.T. Olympics Registration 2023 Ultimate Partner Listings

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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

Charles Lavine Homeowner Leader Carol Nickerson, CMCA

Benjamin Basch, EBP Ground Support Services Business Partner Joseph Chorba, CPA

FirstService Residential, AAMC Community Association Manager Robert Travis, CIRMS Long Beach Commons Condominium Association Homeowner Leader

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

M ental health is an important topic that affects everyone, including those in the workplace. In recent years, there has been a growing awareness of the impact that mental health can have on individuals, including their productivity and overall well-being. Those in the community asso ciation industry play a crucial role in supporting those who may be struggling with mental health issues, particularly during tough times such as a global pan demic or economic downturn. The COVID-19 pandemic has brought mental health to the forefront of discussions in the workplace. The pandemic has resulted in a significant increase in stress, anx iety, and depression, as individuals have had to adjust to a new way of living and working. Many people have lost their jobs or have experienced financial difficul

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 COMMUNICATIONS MANAGER

BROOKE@CAINJ.ORG JENNIFER FARRELL PROGRAM MANAGER JENNIFER@CAINJ.ORG GAIL BONUS ADMINISTRATIVE ASSISTANT GAIL@CAINJ.ORG

ties, which can exacerbate existing mental health condi tions or lead to the develop ment of new ones. It is important to recognize the impact that the pan demic and other difficult situations can have on your self and fellow managers, colleagues or homeowners.

“It is important to recognize the impact that the pandemic and other difficult situations can have on yourself and fellow managers, colleagues or homeowners.”

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

This requires creating a culture of empathy and understanding, where we all feel safe and supported in sharing our experiences and seeking help when needed. One way to create a supportive workplace culture is to utilize the resources and tools to manage your mental health. This can include access to counseling services, employee assistance programs, and mental health resources such as articles and podcasts. Additionally, you can attend workshops or training ses sions on topics such as stress management, mindfulness, and self-care. Another way to support yourself is to utilize a flexible work environment that accommodates your mental health needs. This may include applying a flexible work schedule, allowing you to work from home, or using additional time off for mental health days. It is important to remember that mental health issues can affect anyone, and that you should not feel ashamed or embarrassed to take time off to prioritize your well-being. We should create a culture of open and honest communication, where we feel comfortable sharing our experiences and concerns. This can be done through regular check-ins, one-on-one meetings, or activities that encourage connection and collaboration.

CAI-NJ on Social Media

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

@cainewjersey

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CAI-NJ

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LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

Illness in Community Associations, by Jonathan H. Katz, Esq., explores the legal duty a community association has to assist an owner or resident who may be exhibiting evi dence of mental illness and how to best deal with the situa tions that may arise. There’s More to Health than Working Out and Eating Well: Mental Health Challenges in the Community Associations Industry, by Chuck Graziano, CPM, PCAM, discusses the high rate of mental health conditions in the community association industry and what employers can do to lessen the occurrence for their

We need to take care of ourselves before we can take care of others.

May is Mental Health Awareness Month. It was established to increase awareness of the importance of mental health and wellness in our lives and those living with mental or behavioral issues and help to reduce the stigma associated with it. Good mental health is essential for our overall health. Use this month as an opportunity to take stock of your life, making time for number one — you! While work may be a necessity, it’s imperative that we avoid burnout. Whether it’s our jobs or being there for our family and friends, if you don’t take care of yourself, you can’t be the successful per son that you strive to be or there for others that may need you, without taking care of NUMBER ONE. Employers should use this month to recognize the needs of their staff. It’s not enough for employers to offer benefits but it’s also imperative that companies provide a supportive work environment, allowing their staff to have an adequate work life balance of their time. I believe that keeping the stress level down in the workplace will foster productivity and retain employees. Most people spend the majority of their week at work, and they need to be happy, appreci ated, and supported. Please read The Emotional Support Peacock? A Brief Overview of ConsiderationsWhen Faced with an Emotional Support Animal Request, by Gregory Vinogradsky, Esq., EBP, informing us what a community association should include when adopting their policy regarding emotional support animals. The Challenges of the Virtual Meeting, by Michael Mezzo, CPA, MBA, discusses the challenges presented by hosting meetings virtually and offering tips to ensure that they are productive and successful meetings. Searching with My Good Eye Closed: Addressing Mental

“It’s not enough for employers to offer benefits but it’s also imperative that companies provide a supportive work environment, allowing their staff to have an adequate work life balance of their time.”

employees. How Different Professionals Deal with Mental Health, by Nicole Martone, CMCA, AMS, PCAM, Steven J. Morris, P.E., R.S., and Damon M. Kress, Esq., reveals that we all experience stress at work regardless of our profession and suggests ways to minimize it. Award winners. I am excited to share that the New Jersey chapter has been selected by CAI National to receive an Achievement Award for the Conquer + Connect retreat submission in the Membership Engagement category. This was the inaugural in-person event, hosted by the Women’s Leadership Committee. Additionally, the chapter has been selected to receive the Best Net Growth (6.7%) Award for an extra-large chapter in the 2022 calendar year. Congratulations and thank you to every one that devoted their time, contributing to earning these

CONT I NU E S ON PAGE 58

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CALENDAR 2023 Events & Education

MAY

AUGUST

6 20 21 22 10 11 23 31

3 10 22 23

PAC the Rooftop - Networking Event Asbury Festhalle & Biergarten, Asbury Park LAC Virtual Roundtable Discussion Virtual Creative & Cost Effective Collections Renaissance at Raritan Valley, Somerset

Ultimate Night Out Jersey Shore BlueClaws Stadium, Lakewood

CMCA Exam Study Group - Coffee & Cram CAI-NJ Headquarters, Freehold Board Leadership Development Workshop CAI-NJ Headquarters, Freehold

Wednesday Webinar Virtual

SEPTEMBER

14 28

JUNE

Beach Party Martell’s Tiki Bar, Pt. Pleasant

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

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

New Member Open House CAI-NJ Headquarters, Freehold

OCTOBER

Wednesday Webinar Virtual

7 18 19

Family Day at Laurita Winery Laurita Winery, New Egypt

NJ & PA Joint Networking Event Triumph Brewery, New Hope

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

JULY

Conference & Expo The Event Center @iPA, Freehold

12 18

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

DECEMBER

Community Associations Leadership Summit Greenbriar Woodlands, Toms River

5 5

Annual Meeting & Chapter Retreat The Grand Marquis, Old Bridge

Winter Break Party The Grand Marquis, Old Bridge

LEGISLATIVE UPDATE

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

W e expect the legislative action to heat up over the next month until the legislature gets immersed in budget negotiations. Bills of inter est that might see movement include: • S2760/A4384—Structural Integrity and Reserves. This is the primary focus of our legislative effort this session. Our resolve to mandate appropriate structural inspections has only increased since the fatal collapse of a residential balcony in Sea Isle City, NJ, and a parking garage in Manhattan. We believe that the legislature must act promptly to prevent further tragedy and loss of life. Currently, we are attempting to resolve some objec tions to the bill by other stakeholders without watering down the life-safety components. • S2788—Carbon Monoxide (CO) Detectors. This bill would require buildings with a “monitored fire alarm system” to ensure that Carbon Monoxide sensors are integrated into the system, and that when a CO alarm is initiated, it not only annunciates locally, but also sends a signal to the fire department. We are concerned about the economic impact of this retrofit bill and are address ing our concerns with the legislature. • A5493/S3789—Manager Licensing. The Sponsor of this bill, Assemblywoman Annette Quijano, will be pushing it forward in the coming months. While the intro duced versions of the bill are unacceptable to us due to the delegation of the manager licensing program and qualifications to the Department of Community Affairs (“DCA”), we are prepared with alternative manager licensing program legislation that should be far more palatable to the industry. Parenthetically, we note that CAI National’s public policy position is opposed to man

“Be on the lookout for member alerts in case we need your help to get some of these bills over the finish line (or keep them from the finish line, as the case may be)!” the DCA. However, we have proposed alternative language that would enable CAI to provide 3 hours of board member training to each newly elected director using an online module. • S2389/A4682—Staffing Changes. This bill, among other things, would provide that when outsourcing staff, “insourcing” staff, or changing staffing companies, the incoming employer must offer to maintain the employ ment of the current onsite staff for a period of 90 days. CAI does not support this legislation and there is a sig nificant coalition of business interests opposed to the bill. Be on the lookout for member alerts in case we need your help to get some of these bills over the finish line (or keep them from the finish line, as the case may be)! n datory manager licensing. However, we have received special dispensation to negotiate a more acceptable bill based on the imminent threat posed by this legislation. • A5492/S3790—Board Member Training. Like with manager licensing, we understand that Assemblywoman Quijano will now seek to move this bill. We oppose the introduced form because it delegates training to

MAY 2023

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 Erin O’Reilly, 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

Drew Podolski, Esq. — Vice Chair Robert Arnone, MSRE, CMCA, AMS

Don Cabrera, CMCA David Dockery, Esq. Jonathan Katz, Esq. Michael Mezzo, CPA, MBA

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

Steven Morris. RS Casey Sky Noon Robert Roop 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

Dean Catanzarite Justine DelVecchio

Frank Fasolo, IV Freedom Hildreth Pam Illiano Stacey Koehl, CMCA, AMS Laura McIntyre, EBP Daniel Reilly Rachel Rutman Christina Mirra Sohnen Randy Vogel Melissa Volet, Esq. Jill Zulin Board Liaisons Joseph Chorba, CPA F.A.S.T. COMMITTEE Steven Kuhnert — Chair Jessica Long — Vice Chair JP Ascolese Adara Azeez Chelsea Brodmerkel 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. Charles Lavine Staff Liaisons: Jaclyn Oskierko Jennifer Farrell

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

Kim Manicone Renee Martin Mark Mojares Kathleen Radler Brent Rivenburgh, EBP Steve Roderick, EBP Michael Ryan Ken Shah Rick Sobczak Ryan Trembley Michael Willner, Esq. Board Liaisons Joseph Chorba, CPA

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

Charles Fredericks Kenneth Freeman Salvatore Gurriero

Keira Hauck Carl Kentzel Cheryl Palent

Charles Lavine Staff Liaison: Robin Surgent WOMEN’S LEADERSHP COMMITTEE Lirelle Klein — Chair Jamie Cullen, CMCA — Vice Chair Amani Abdellah, Esq. Jennifer Carr Linda Courain, CMCA, AMS Ellen Goodman, Esq. Martinia Heath, CMCA, AMS Svetlana Malinsky, CMCA Kristin Marzarella Gail McDermid, CMCA, AMS, PCAM Rachel Neves Jennifer Nevins, CMCA, EBP Jen O’Brien Cheryl Rhine, CIC, CIRMS, EBP Nikki Schillaci, EBP

Board Liaisons Charles Lavine Robert Travis, CIRMS

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 Saher Gouda, EBP — Chair Shelia Adams, CMCA — Vice Chair Joe Bonafede Jay Burak Nicole Camarota, CMCA, AMS George Caso Martinez Angela Celeste Ellen Comiski, CMCA Marty Conway John Echelmeier Jessica Kizmann, CPA Danita Susi Holly Teufel, CMCA, AMS Board Liaisons Ryan Fleming, EBP Christopher Nicosia, CMCA, AMS, PCAM

Jose Romero Dharmi Shah Peter Shine, EBP Ilija Trajkoski

Lisa Vitiello, CPA Board Liaisons Mary Barrett, Esq. Kristina Munson, CMCA, AMS, PCAM

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

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 Robin Surgent

Staff Liaisons: Jaclyn Oskierko Jennifer Farrell

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 Capital One Bank, N.A. New Jersey 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 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

PAC THE ROOFTOP NETWORKING EVENT WEDNESDAY, MAY 10 | 4:00 PM - 7:00 PM ASBURY FESTHALLE & BIERGARTEN 527 LAKE AVENUE, ASBURY PARK, NJ 07712

PAC THE ROOFTOP Registration Type (check one): Premium PAC Registration $500 Individual Registration $150

Join us as we PAC the Rooftop with great food, drinks and networking! This is an event you don’t want to miss – meet and greet the members of the CAI-NJ Award Winning Legislative Action Committee (LAC) as well as other industry professionals in a casual networking environment all supporting the hard work and dedica tion of the Political Action Committee (PAC). This is a great opportunity to support those who advocate for our communities as well as meeting influential members of the organization all on one roof! Registration Types: Premium PAC Registration: $500 Includes: 3 tickets with food buffet, drink tickets, PAC Event Sponsorship Recognition and PAC contribution Individual Registration: $150 Includes: 1 ticket with food buffet, drink tickets and PAC contribution Deadline to register is Friday, April 28, 2023. Onsite registration is available by check payment only. Questions? Contact Robin Surgent at (609) 588-0030 or Robin@cainj.org

Name: __________________________________________________ Company Name: __________________________________________ Address: _________________________________________________ City, State, Zip:____________________________________________ Phone: __________________________________________________ Email: ___________________________________________________ Additional Attendees: 2.) Name: _________________________________________________ Email: _________________________________________________ 3.) Name: _________________________________________________ Email: ________________________________________________ Please make checks payable to: CA-PAC (SORRY CREDIT CARDS NOT ACCEPTED FOR CA-PAC EVENTS) Mail completed form to: PAC the Rooftop, c/o CAI-NJ

500 Harding Road Freehold, NJ 07728

Cancellations must be made by Wednesday, April 26, 2023 for a refund. Swaps can be made at any time. Sponsorships will not be processed until all previous outstanding balances are paid in full.

PLEASE NOTE: By registering for this CAI-NJ event, you are agreeing to our COVID Release Waiver.

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.

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SEARCHING WITH MY GOOD EYE CLOSED: Addressing Mental Illness in Community Associations By Jonathan H. Katz, Esq., Hill Wallack LLP

“I don’t remember half the time if I’m hiding or I’m lost…” – Chris Cornell 1

O n December 19, 2022, a 73-year-old resident of a condominium in Toronto, Canada shot and killed five people — including three members of the association board — allegedly over a long-running dispute with the association. According to the police reports and court documents, the resident had for a significant time claimed that vibrations and emissions from the condominium’s electrical room were making him sick and that the board members were to blame. The board sought a restraining order against the resident in 2018, alleging that he was exhibiting “threatening, abusive, intimidating and harassing behavior” toward the board, management, and other residents. The resident’s lawsuit against the board was dismissed during the summer of 2022, with the court calling it “frivolous” and “vexatious.” On the days leading up to the attack, the resident posted rambling videos on Facebook discussing his legal dispute with the association board and indicating that the board had requested he move out. While there is no specific discussion in the news reports or the court documents that this resident suffered from a mental illness, one neighbor and former board member made his

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Cemile Bingol/DigitalVision Vectors/Getty Images

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Dinner Only Registration Form

Tuesday, June 6, 2023 Forsgate Country Club

375 Forsgate Drive | Monroe Twp., NJ Cocktails at 6:00 pm| Dinner at 7:00 pm

DINNER ONLY REGISTRATION FORM 1. Name ________________________________________ Company Name _______________________________ Address ________________________________________ City, State, Zip __________________________________ Phone _________________________________________ Email ________________________________________ 2. Name _______________________________________ Email ________________________________________ 3. Name _______________________________________ Email ________________________________________ 4. Name _______________________________________ Email ________________________________________

Dinner/Cocktail Hr.

$115.00 per person

Total: ________________ Pay by check: Mail completed form and check payment to: CAI-NJ, Attn: Golf Outing, 500 Harding Rd., Freehold, NJ 07728 Pay by credit card: Please call Jennifer Farrell at the CAI-NJ Office at 609-588-0030 to process your credit card. By registering for a CAI-NJ event, the registrant acknowledg es 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 May 25, 2023 for a refund to be provided. Swaps can be made at any time.

Presented By

FOR MORE INFORMATION CONTACT JACLYN@CAINJ.ORG OR 609-588-0030

PLEASE NOTE: By registering for this CAI-NJ event, you are agreeing to our COVID Release Waiver.

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ADDRESSING MENTAL ILLNESS... from page 12.

stress, relate to others, and make healthy choices. A person can experience poor mental health and not be diagnosed with a mental illness. Likewise, a person diagnosed with a mental illness can experience periods of physical, social, and mental well-being. People can experience different types of mental illnesses or disorders (there are more than 200 types of mental ill ness), and they can often occur at the same time. Mental illnesses can occur over a short period of time or be epi sodic, which means that the mental illness comes and goes with discrete beginnings and ends. Mental illness can also be ongoing or long-lasting. There is no single cause for mental illness; however, a number of factors can contribute to risk for mental illness, including adverse life experiences/ trauma, ongoing physical/medical conditions, biological factors, and/or use of alcohol or drugs. For some time now, mental illness has been one of the most common health conditions in the United States, and the statistics from the CDC are staggering: • One in five people live with a mental health condition of some kind;

feelings clear: “This is tragic because in my opinion he was failed by the courts. He was failed by the lawyers and he was failed by the condominium corporation because if you go off his social media clearly you’ll see that this man required professional help.” Wait, read that again. He was failed by the condo minium corporation? Does a community association have a legal duty to assist a resident who may be exhibiting evidence of mental illness? And what can (or should) an association do when confronted with a resident who may be suffering from a mental illness? Before we get to those questions, we should discuss what is meant by both mental health and mental illness. Although the terms are often used interchangeably, the two are not the same. According to the Centers for Disease Control and Prevention (“CDC”), mental health includes our emotional, psychological, and social well-being; it affects how we think, feel, and act, as well as how we handle

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ADDRESSING MENTAL ILLNESS... from page 14.

tal illness. These mental illnesses can manifest in various forms, including residents who are experiencing dementia, Alzheimer’s, or other significant mental declines due to age or residents of any age experiencing a serious mental illness named above such as bipolar disorder or schizophrenia. So let us revisit the first question posed above — does a community association have a legal duty to assist an owner or resident who may be exhibiting evidence of mental ill ness? Mental illness can impact a community association in various ways, including giving rise to issues involving enforcement of rules and regulations, Fair Housing Act/ discrimination, and potential liability for negligence should an association allow an unreasonably dangerous condition in the community to go unaddressed or a potentially dan gerous resident to remain unchecked. Generally, community associations have a legal obli gation to their members pursuant to both statute and law, including the duty to act in the best interests of the commu nity and to maintain the common property. The New Jersey Condominium Act (the “Act”) provides that the association is responsible for the administration of and management

• One in twenty-five people live with a serious mental illness such as major depression, bipolar disorder, or schizophrenia; and • Over fifty percent of people will be diagnosed with a mental illness or disorder at some point in their life. With that backdrop, it is almost a statistical certainty that at least one (or more likely many) residents in a community association will at some point have to deal with a men

“Over fifty percent of people

will be diagnosed with a mental illness or disorder at some point in their life.”

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of the condominium property, including the conduct of all activities of common interest to the owners. In addition, the Act provides that the association shall exercise its powers in a manner that “protects and furthers or is not inconsistent with the health, safety and general welfare of the residents of the community [emphasis added].” A similar provision can be found in the Planned Real Estate Development Full Disclosure Act (“PREDFDA”). While it is most definitely not an association’s duty or obligation to diagnose mental illness, it is the association’s responsibility to preserve peace and harmony in a com munity. Whether an association has a legal duty to assist an owner or resident who may be exhibiting symptoms of mental illness depends on the specific circumstances involved. If a resident is engaging in behavior that is dis ruptive or potentially dangerous to themselves or others, the association may have a duty to take reasonable efforts to address the situation. Yet, if the resident’s behavior is not causing any harm or disruption to the community, there may be no duty to take any specific action, although, in some cases, it may be appropriate for the association to provide

resources or referrals to mental health professionals or other support services. There are also laws at the federal, state, and local levels that may apply to situations involving mental illness in com munity associations. For example, the Fair Housing Act and the New Jersey Law Against Discrimination both prohibit dis crimination on the basis of disability, which includes mental illness. This means that associations may need to provide reasonable accommodations to residents with mental illness, such as allowing emotional support animals or making other reasonable modification to policies or procedures. Now that we know more about an association’s legal responsibilities, what can (or should) an association do when confronted with a resident who may be suffering from a mental illness? Associations need to balance the duties discussed above while respecting the association’s obliga tions to the community and its membership. What follows are some suggestions when challenged with a resident dealing with a potential mental illness:

CONT I NU E S ON PAGE 18

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ADDRESSING MENTAL ILLNESS... from page 17.

to the authorities. Boards and management should be remind ed to document any incident with an individual who may be suffering from a mental illness. Keep detailed records, obtain statements from neighbors, and note all complaints. If an issue is persistent or potentially dangerous, consider involving the association’s counsel to provide guidance.

1. Get Educated Again, boards and management need to understand that their roles are not to diagnose a resident with a mental illness or to provide mental health services. While there may be an instinct to attempt to help a resident who may be suffering from a mental illness, the board and management must under stand that taking certain actions that could create a duty that could lead to liability if the resident causes damage to prop erty or injury to themselves or others. Understanding the need to seek assistance, either from mental health professionals or the authorities, if an important first step in this process. 2. Document, Document, Document… At the outset, keeping up-to-date records for all residents, including emergency contact information, will go a long way. That way if an incident occurs, management may be able to contact a relative, if warranted, or provide relevant information

3. Seek Out Governmental/ Community Assistance

Be aware of state and local agencies as well as non-gov ernmental agencies that provide assistance to persons who may be experiencing mental illness. Many counties or municipalities have a host of community resources, including social workers, case managers, and inpatient/ outpatient programs that may be available to deal with a variety of circumstances. Whether it is depression, anxiety, hoarding, or dementia, chances are there are some gov ernmental or other community programs in your area that can help. Those agencies have the knowledge, skill, and authority — if needed — to take action to provide care for a mentally ill resident.

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4. Call the Attorney As discussed above, since the actions of a resident exhib iting symptoms of mental illness can expose an association to potential liability, it is important to involve association counsel at an early stage. At the very least, making counsel aware of a potential issue and/or forwarding complaints and/or incident reports can create a paper trail that may be beneficial should the association need to take any type of enforcement action or defend itself if an incident involv ing damage or injury does occur. 5. Call the Police When other options fail or in the case of an emergen cy, call the police. Community associations are not law enforcement agencies. When confronted with a situation where there is a potential for damage to property or injury to a resident or others, particularly when there is a sincere fear that such harm may be imminent, the best course of action is to allow law enforcement to address the situation rather than asking management or a board member to diffuse a potentially dangerous situation.

As always, with sensitive issues such as these, if you have questions about whether your association’s board is acting in accordance with the law and its governing documents, you should consult with your association counsel. n END NOTES: 1 This quote – as well as the title of this article – are from the Soundgarden song “Searching with My Good Eye Closed.” For those who may not know, Soundgarden’s lead vocalist and primary songwriter, Chris Cornell, struggled with depression and substance abuse for much of his life. Cornell ultimately took his own life at the age of 52 on May 18, 2017. 2 Associated Press (2022, December 20). Canadian man accused of killing 5 had feud with condominium board. NPR. *see link below. 3 See footnote 2 above. 4 About Mental Health. Centers for Disease Control and Prevention. www.cdc. gov/mentalhealth/learn/index.htm (last visited 2023, March 31).

5 See footnote 4 above. 6 See footnote 4 above. 7 N.J.S.A. 46:8B-12. 8 N.J.S.A. 46:8B-14(j). 9 N.J.S.A. 45:22A-44(b).

10 Disability was added to the Fair Housing Act as a protected class by amend ment in 1988; the Fair Housing Act defines “disability” as a physical or mental impairment that substantially limits one or more major life activities. 42 U.S.C. § 3604.

*www.npr.org/2022/12/19/1144076419/5-dead-and-suspect-killed-in-toronto-area-condo-shooting

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Community Trends

February 2022

DISASTER RESPONSE

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In This Issue

• What’s the PlanWhen it Hits the Fan: Natural Disaster Preparedness and Coverage • Façade Leaks and Repairs • WinterWorries: All About Ice Damming • Do One Thing Better — Storm Preparedness ....and more

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Readers of Community Trends ® can ask the Editorial Committee of the magazine for their feedback about any issue facing the community association industry. The committee is made up of legal, insurance, engineering and property management professionals with a wealth of information and experience specific to community associations. Contact Brooke Stoppiello-Nevins: Phone: (609) 588-0030 Email: brooke@cainj.org

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