May 2024

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May 2024 Community Trends

Bring May Flowers The Landscaping Issue

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In This Issue

• Native Plants and New Jersey • Mulch Regulations: Do they Apply to You? • Private Landscaping in the Community Setting • How Pickleball is Revitalizing Active Adult Communities ....and more

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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!

MARCH 2024

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS 13 Native Plants and New Jersey By Brett Jamieson American Lawn & Sprinkler 16 Mulch Regulations: Do they Apply to You? By J. David Ramsey, Esq., CCAL Becker 24 Private Landscaping in the Community Setting 13

By Rick Lang LAN Exteriors 28 How Pickleball is Revitalizing Active Adult Communities By David Velasco, EBP JGS Insurance, a Baldwin Risk Partner

Contributions from Jonathan Moscou My Backyard Sports

36 Management Trends —

“Landscape, Landscape, Landscape” By Mariaellen Varelis, CMCA RCP Management Company, AAMC, AMO

EXTRAS President’s Corner

Looking Ahead

CAI-NJ Upcoming Events

Legislative Update

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

Joint Best Practice Roundtable — For Homeowner Leaders, Managers and Business Partners — Register!

Dennis R. Casale Memorial Golf Outing Dinner Registration

2024 CAI-NJ Recruiter Club Challenge

CA-PAC Top Golf Recap & Photos

F.A.S.T. Olympics Registration

New Member Open House — Save the Date

PAC the Haus — Networking Event Registration

2024 CAI-NJ Conference & Expo — Save the Date

New Members

Conference & Expo Education Speaker Proposals

iStock/Getty Images Plus

2024 Ultimate Partner Listings

MAY 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 Homeowner Leader Tony Nardone, MBA, PCAM Corner Property Management, LLC, AAMC Community Association Manager

Carol Nickerson, CMCA FirstService Residential, 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

MAY 2024

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

CAI-NJ TEAM

W elcome back to Community Trends ® , fellow CAI-NJ members! It has been a busy month at CAI-NJ and I am excited to share some updates with you. First, you may recall that I announced a plan at the Annual Meeting for the CAI-NJ Board of Directors to have a Board Retreat in January to identify goals for the chapter to pursue over the next few years. I am happy to report that the board held its first ever, Board Retreat with the chapter team and identified a few key goals that CAI-NJ will pursue over the next few years to advance the chapter forward. These goals were centered around membership growth and market penetration in key areas of New Jersey. More specifically, the chapter will pursue a strategic marketing plan aimed at elevating CAI-NJ’s presence in key areas of New Jersey that have historical

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 JOCELYN GARLOCK PROGRAMS & EVENTS COORDINATOR JOCELYN@CAINJ.ORG HELEN KIECHLIN MARKETING & MEMBER RELATIONS COORDINATOR HELEN@CAINJ.ORG

ly not achieved membership growth at desired levels. During the retreat, we iden tified specific regions in the state to target and growth objectives were prioritized. The first region the chapter will focus on is North Jersey (using Morris County as the starting point and heading

“...the board held its first ever, Board Retreat with the chapter team and identified a few key goals that CAI-NJ will pursue over the next few years...”

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

east, west, and north). The chapter will focus marketing efforts and event spon sorship to highlight CAI‑NJ’s formidable advocacy and educational resources to prospective members in this region. A concerted effort to bring accessible, interesting, and timely events to this area will support this campaign. To achieve this goal, the chapter will leverage both internal and external resources in pursuit of this strategy. First, the chapter is researching marketing companies it can engage to create a multi-channel marketing strategy that will bring our message to a targeted audience through both social media and traditional campaigns. Second, a new Marketing and Member Relations Coordinator role has been created within the chapter team to help develop and execute the marketing initiatives of the chapter and act as a liaison with the exter nal marketing company. I am proud of the direction the chapter is taking and for Angela’s initiative in executing the strategy set forth by the board of directors. Next, I would like to take a moment to welcome two new team members to the chapter staff. Welcome Jocelyn Garlock, our new Programs and Events Coordinator and Helen Kiechlin, our new Marketing and Member Relations

CAI-NJ on Social Media

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

@cainewjersey

CONTINUES ON PAGE 50

CAI-NJ

MAY 2024

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

Celebrate with us! I am thrilled to share that the New Jersey chapter has been awarded the Membership Engagement Award for the campaign, Get Social with CAI-NJ, for an extra-large chapter. Thank you to our loyal members that participated in the campaign, without which this wouldn’t have been possible to obtain. We will be accepting the award at the 2024 CAI Annual Conference & Exposition in Las Vegas, Nevada, running from May 8-11. Those of you that will be joining us for the week, please be our guest for the New Jersey chapter meet up on Thursday, May 9th, from 6:00 p.m. – 7:00 p.m., at BrewDog Las Vegas, 3767 Las Vegas Blvd. S., Las Vegas, NV 89109. 2024 CAI-NJ Annual Conference and Expo. To allow for the increase in demand for exhibitor space and an increase in attendee registrations, we have moved our New Jersey Annual Conference and Expo to the New Jersey Convention & Exposition Center, 97 Sunfield Avenue, Edison, NJ 08837 on Thursday October 17th. Please visit https://cainj.org/conference-expo/ for additional details. • Exhibitors — secure your booth before they are gone as this show will sell out fast. New this year is the online booth registration process. We are also accepting pro posals from our exhibitors to speak at one of the seminars and share your expertise with our members. • Attendees — you won’t want to miss our largest event of the year. You will have the opportunity to attend many educational sessions on topics affecting those living and working in common interest communities, in addition to multiple $1,000 drawings throughout the day. Registration will be available soon. Come and “Discover the Magic in Your Community”, at the 2024 Annual Conference & Expo! Our Team has Grown and is finally complete. Please welcome Jocelyn Garlock and Helen Kiechlin to the CAI NJ family! Jocelyn is the Programs and Events Coordinator, assisting Jaclyn Oskierko with all events and educational

programs. Helen is the Marketing and Member Relations Coordinator assisting Robin Surgent with social media and marketing for the chapter. Please welcome both of them at your first opportunity. Coming up. • Best Practices Joint Roundtable on Thursday, May 2nd. Homeowner Leaders, Community Managers and Business Partners will have the opportunity to meet during the networking breakfast which will be followed by three separate member type specific, educational sessions. • PAC the Haus on Wednesday, May 15th at the Beach Haus Brewery in Belmar. With all the recent legislation, this is your opportunity to discuss those changes with members of our CAI-NJ Award Winning Legislative Action Committee (NJ-LAC) and network with your peers while supporting the hard work and dedication of the Political Action Committee (CA-PAC). Your support helps to get legislation affecting those living in common inter est communities (CICs) throughout New Jersey passed into law. Join us at our largest CA-PAC event of the year! • New Member Open House. If you are new to the chap ter, or looking to get more involved, then join us at our New Member Open House on Tuesday, June 25th, at the CAI-NJ Headquarters in Freehold. Meet our Board of Directors, the CAI-NJ Team, and other members while learning how you can get the most out of your CAI-NJ membership. For further information and to register for all our upcoming programs, please visit: https://cainj.org/network-events/ — for networking events https://cainj.org/education-events/ — for educational programs I hope to see you at our next event. Enjoy the Spring season! n

MAY 2024

CALENDAR 2024 Events & Education

MAY

SEPTEMBER Beach Party

2 15

12 25

Best Practices Roundtable Discussion Concordia Homeowners Association, Monroe Twp.

Martell’s Tiki Bar, Pt. Pleasant

PAC the Haus Beach Haus Brewery, Belmar

Wednesday Webinar - Complying with Radburn Practically & Realistically Virtual

JUNE

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

12 18 25

Community Conversations Live Virtual

OCTOBER

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

1 16 17

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

New Member Open House CAI-NJ Headquarters, Freehold

Conference Kick-Off Sheraton, Edison

JULY

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

10 16

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

NOVEMBER

Community Association Leadership Summit Location TBD

Community Conversations Live Virtual

AUGUST

7 15

Community Conversations Live Virtual

Ultimate Event - Jersey Shore BlueClaws ShoreTown Ballpark, Lakewood

LEGISLATIVE UPDATE

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

N ow that the legislature has reformed Council of Affordable Housing (COAH) and Affordable Housing in the state, it appears poised to tackle the “accessory dwelling unit” (“ADU”) issue. It is claimed that New Jersey has a housing crisis that is, among other things, exacerbated by overly restrictive single-family home centric zoning ordinances. One avenue that New Jersey and other states are exploring to increase the housing supply is overriding local ordinances in order to enable the construction of ADUs. In essence, an ADU is an additional housing unit glom med onto a single or double family type lot. It could be a converted garage, a “mother-in-law” apartment in the basement, and other things of that nature. Increasing the availability of ADUs is supported by some powerful national organizations, such as the AARP. CAI’s public policy is to support ADUs to increase housing stock while recognizing the need to permit community associa tions to properly regulate same. Most of the bills that have been introduced are targeted towards single family lots. In that connection, the New Jersey Legislative Action Team (NJ-LAC) has submitted comments regarding the vari ous ADU bills under consideration. Essentially, the NJ-LAC’s goals include: 1. Most of the bills that have been introduced are targeted towards single family lots. Accordingly, the LAC seeks to carve townhome style homes (often referred to as “single-family detached homes”) from the type of proper ties that must allow ADUs. In particular, townhome style lots are not conducive to the construction of accessory

“...an ADU is an additional housing unit glommed onto a single or double family type lot. It could be a converted garage, a “mother-in-law” apartment...” 2. The proposed legislation will almost certainly contain language that will prohibit community associations that in whole or in part consist of single-family homes from prohibiting the creation of otherwise permissible ADUs. However, the NJ-LAC wants to make sure that community associations will retain the authority to adopt reasonable rules and regulations to ensure that any such ADUs will meet architectural standards and other needs particular to the community, and to ensure that the community association retains the ability to govern the conduct of the ADU occupants. 3. Finally, the NJ-LAC seeks to ensure that if community association owners choose to construct ADUs on their property, the community association can adjust the amount of the common expense attributable to the unit to take into account the increased intensity of use caused by the ADU. As these laws continue to develop, we will provide you with further updates. n dwelling units, and said units may have a much more significant impact on neighbors than in typical single family settings.

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

MAY 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: 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 Board Liaisons: Mary Barrett, Esq. Carol Nickerson, CMCA Staff Liaison: Brooke Stoppiello-Nevins EVENTS Diane Cody, CMCA, PCAM — Chair Randy Vogel — Vice Chair

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: 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 Carol Nickerson, CMCA

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

Nicole Ancona Michael Blaney Stacey Bishara, CMCA, AMS Tim Bruchez

Dean Catanzarite Justine DelVecchio

Mary DeNone Frank Fasolo

Kim Manicone, EBP Francisco Marcucci Mark Mojares 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

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: 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 Will Meola 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

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

Denise Schiera Ryan Trembley Michael Willner, Esq.

Marc Wolfskehl Board Liaisons: Joe Chorba, CPA

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

Richard Lans Cheryl Palent Board Liaisons: Charles Lavine Bob Travis

Charles Lavine Staff Liaisons: Robin Surgent WOMENS LEADERSHIP

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

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

Staff Liaisons: Jaclyn Oskierko Robin Surgent CONFERENCE & EXPO Shelia Adams, CMCA, AMS — Chair John Echelmeier — Vice Chair Tom Anzalone Brian Aubrey, PCAM

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

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

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

Staff Liaisons: Jaclyn Oskierko Robin Surgent

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

Staff Liaisons: Jaclyn Oskierko

MAY 2024

CAI-NJ 2024 PARTNERS

Alliance Association Bank Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Becker BELFOR Property Restoration Brown & Brown Insurance of Lehigh Valley Clearview Washing, LLC Corner Property Management, LLC, AAMC Denali Property Management, Inc. The Falcon Group FWH Associates, P.A.

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

National Contractors, Inc. National Cooperative Bank O & S Associates, Inc. Parallel Architectural Group Pardini R. Construction Corporation

Accent Group Access Property Management, AAMC, AMO Acrisure Adamas Building Services All County Exteriors Amco Pest Solutions, Inc. Anchor Pest Control Apex Air Duct Cleaning & Chimney Services Becht Engineering BT, Inc. Buckalew Frizzell & Crevina LLP Capital One CCA, Construction Consulting Associates, LLC CertaPro Painters of Central & Lower Bucks

FirstService Residential, AAMC Garden State Pavement Solutions Giordano, Halleran & Ciesla Homestead Management Services, Inc. Hueston McNulty, P.C. L.N. Rothberg & Son, Inc. Landscape Maintenance Services, Inc. Lemus Construction, Inc. MyPropertyBilling.com Cowleys Pest Services Cutolo Barros, LLC Environmental Designers Irrigation, Inc First Onsite FloodCo USA Greenbaum, Rowe, Smith & Davis LLP Griffin Alexander, P.C. Guardian Service Industries, Inc. Innovative Pressure Cleaning IronRock Security The Jesan Companies JGS Insurance, a Baldwin Risk Partner KPI2 Enterprises, Inc. Mackoul Risk Solutions, LLC Morris Engineering, LLC

Popular Association Banking Quality 1st Contracting, Inc. Rainbow G & J Painting, LLC Regal Restoration USA

Republic Services of New Jersey, LLC Servpro of Howell, Wall, Spring Lake, Asbury Park Stark & Stark Attorneys at Law Valley Bank Wilkin Management Group, Inc.

Accurate Reconstruction APC Hospitality, LLC AR Management Company Association Advisors NJ Association Reserves BlueSky Restoration Contractors LLC Core Maintenance Construction Down to Earth Landscaping, Inc. Felsen Insurance Services First Citizens Bank

SmartStreet Powered by BANC of California Preferred Community Management Services, Inc., AAMC

Radom & Wetter Renda Roads, Inc. Servpro Team Fox South Shore Construction, LLC STAR Building Services Towne & Country Management

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:_____________________________________________________________________________________________________ Mailing Address:______________________________________________________________________________________________________ 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

Native Plants and

By Brett Jamieson, American Lawn & Sprinkler

“Generally, native plants naturally occur within a radius of 100 miles of your area...”

ekolara/iStock/ kathykonkle/Digital Vision Vectors Getty Images Plus

N ew Jersey encourages all people living in the state as well as businesses directly and indirectly to use native plants when landscaping property in the state. Native plants are a common term thrown around very often but to those without a green thumb, it can be confusing. According to Rutgers University, The State University of New Jersey, “These plants, over time, have evolved to grow in a specific region. Native plants have established complex relationships with other native plants, insects, and animals, some of which are dependent on one another to thrive. Generally, native plants naturally occur within a radius of 100 miles of your area, and many can do well with a minimum of care once established.” Native plants, as stated above, come with the inbuilt advantage of being adapted to the local environment and weather conditions. While this does not mean they require no care to flourish, it does mean less need for maintenance and chemicals. Similarly, the native wildlife is adapted to live around these plants building on the ecosystem that has become New Jersey.

Many communities want to use native plants for a land scaping project, but don’t know where to start. A great place is obviously one of the many landscape companies that do work in the state of New Jersey. Beyond those pro fessional resources, the New Jersey Agricultural Experiment Station at Rutgers has a great list found on their website: https://njaes.rutgers.edu/fs1140/ on a page written by Deborah Pinto, Horticulture Consultant, Burlington County and Meredith Melendez, Agriculture and Natural Resources Agent, Mercer County. One popular thing to do with native plants is to set up rain gardens or pollinator gardens. Both use native plants for unique purposes. A rain garden is a great way to help absorb water in a very wet area or a location of storm water runoff. A pollinator garden uses plants that attract bees and other pollinator insects to a location to help with pollinating other plants. Both options require weeding and care to maintain. Another great resource for community associations interest ed in native plants is The Native Plant Society of New Jersey. CONTINUES ON PAGE 14

MAY 2024

NATIVE PLANTS... from page 13.

Associations: Are You in Compliance with New Jersey Law? CAI-NJ is proud to offer members Alternative Dispute Resolution (ADR) Mediation Services This program is an alternative to litigation, as mandated by state law. This service includes negotiation and mediation with a neutral party, and is offered to community associations. Use our trained mediators to quickly and economically resolve your dispute. Examples of disputes covered are: • Parking • Pets • Noise • Rules Violations • Maintenance Problems CAI Member’s Only: $400.00 For information on CAI-NJ’s ADR Program, please contact us at: Phone: (609) 588-0030 • Email: adr@cainj.org

They regularly hold events with their various chapters and even on occasion statewide. Their site https://npsnj.org/ is an additional wealth of information for those getting started or looking to meet others with similar interests. Different native plants thrive in different locations through out the state. New Jersey has a multitude of environments from the sandy shores and salty marshes of the Jersey Shore to the thick and lush forests of the Pine Barrens and the ever-present hilly peaks of the Appalachian Uplands in the north. Finding the right plant for your project means understanding both the local environment and the unique qualities of the micro-environment of the exact location. If a clay layer of soil exists a few inches below the surface, water-seeking plants may keep their roots close to the sur face. If your community is planting in an area with shade for part of the day, the decision makers must account for how sun-loving the plant is. This is why consulting with an expert is always advised who can plan for both the general and hyper-local elements of your association’s project. n

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MAY 2024

BEST PRACTICES ROUNDTABLE FOR HOMEOWNER LEADERS, MANAGERS & BUSINESS PARTNERS JOINT THURSDAY, MAY 2, 2024

BREAKFAST 9:00 AM - 10:00 AM EDUCATION 10:00 AM TO 12:00 PM

MANAGERS CAN RECEIVE 2 CREDIT HOURS. MUST BE PRESENT FOR THE ENTIRE PRESENTATION. VISIT WWW.CAINJ.ORG FOR DETAILS CONCORDIA HOMEOWNERS ASSOCIATION CLUBHOUSE DRIVE · MONROE TOWNSHIP, NJ 08831

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MAY 2024

MULCH REGULATIONS: Do they Apply to You? By J. David Ramsey, Esq., CCAL, Becker

“The proposed regulation prohibits the use of any ‘combustible landscape materials’...Organic mulch is combustible.”

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M ulch fires have become a hot topic (pun intend ed). Discussions with fire marshals or inspectors have shown that most have witnessed mulch fires. While there is some debate about whether or not these fires can occur from spontaneous combustion, there appears to be no disputing that throwing a lighted cigarette into mulch or allowing the spark from a barbeque to fall into mulch, particularly when dry, can ignite a fire. When a mulch fire occurs next to a combustible building material a larger fire that risks the safety of occupants can occur. The proposed regulations concerning the use of mulch close to residential buildings that were promulgated by the New Jersey Department of Community Affairs (DCA) and published last summer have generated much conversation and concern. The proposed regulation prohibits the use of any “combustible landscape materials” within 18 inches of any building or structure including a deck, porch, balcony, or other portion of a building constructed of combustible materi

al. Organic mulch is combustible. Importantly the regulation does not go into effect until 12 months after its effective date. The regulation further provides that where combustible mulch exists within 18 inches of “any building or structure,” or “within 18 inches of a deck, porch, balcony, or any other portion of [a] building constructed of combustible material” the mulch within the 18-inch area must be replaced with a non-combustible material, such as stone, synthetic mulch, or other non-combustible materials. Under applicable law, any proposed administrative reg ulation must be first published for public comment. In this case, the public comment period closed in August 2023. Then the DCA must consider all public comments from the public comment period, after which a final regulation may be published that includes a response to each of the com ments made. As of the date of this article, the final regula tion has not been published; hence, the 12-month delay in mandated compliance has not commenced. CONTINUES ON PAGE 18

MAY 2024

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“While that clearly excludes HOAs with one- and two-family dwellings, does it apply to other types of residential buildings? “

MULCH... from page 16.

But are these regulations, assuming they appear in a final form similar to the proposed regulations, applicable to all common interest communities? It appears that despite what appears to be the plain language of the proposed regulation (“no combustible materials within 18 inches of any building …”), the regulation may not be applicable to many forms of associations. To reach this conclusion, one must wade through not only the New Jersey Administrative Code, but also the 2015 edition of the International Fire Code (IFC) 1 to come to that interpretation. Under the DCA’s Fire Prevention Code it has adopted the IFC by reference and then adopted numerous revisions to that code. Since the IFC is not fully set forth in the DCA regulations, it requires jumping back and forth between the IFC and the DCA revisions to conclude con cerning applicability. The IFC provides that: “The purpose of this code is to estab lish the minimum requirements…for providing a reasonable

level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and exist ing buildings.” While the DCA regulations have modified this section to exclude “owner-occupied one- and two-family dwellings used exclusively for dwelling purposes.” 2 While that clearly excludes HOAs with one- and two-fam ily dwellings, does it apply to other types of residential buildings? Apparently, it does, because in the labyrinth of DCA fire prevention regulations, we find that the following definition, “’Owner-occupied’ when used in conjunction with one- and two-family or attached single-family means a building serving as the residence of at least one holder of record of title to the property.” 3 And, “The local enforc ing agency shall periodically inspect all premises (for compliance with the Fire Code) except owner-occupied CONTINUES ON PAGE 20

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MAY 2024

Dinner Only Registration Form

Tuesday, June 18, 2024 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.

$125.00 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 the CAI-NJ Office at 609-588-0030 to process your credit card. By registering for a CAI-NJ event, the registrant acknowledges that they are responsible to pay the full registration fee at the time of registration. Registrations will not be processed until all previous outstanding balances are paid in full. Cancellations must be made by June 10, 2024 for a refund to be provided. Swaps can be made at any time.

Presented By

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

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.

HOVER YOUR PHONE CAMERA OVER THE

QR CODE FOR COVID WAIVER

MULCH... from page 18.

one- and two-family or attached single-family structures used exclu sively for dwelling purposes.” 4 Further, in its interpretation of various building codes the DCA continues to utilize the definition of multiple sin gle-family dwellings (Use Group R-3) that previously, but no longer appear, in the regulations under a prior version of the Uniform Construction Code (also administered by the DCA): Multiple single-family dwellings: Single-family dwelling units locat ed above or adjacent to other sin gle-family dwelling units shall be considered as one building clas sified as Use Group R-3 for the purpose of determining the appli cable provisions of this code, provided each dwelling unit is completely separated from the adjacent dwelling unit(s) by fire separation wall(s) and floors with assemblies of not less than 1-hour fire resistance rated con struction and each unit has inde pendent means of egress. 5 Thus, associations constituted of attached dwelling units with one-hour fire separation walls that have their own entrance and exit to the exterior are, for purposes of the fire code con sidered “single-family dwellings.” While we await the final language of the regulation, if it substantially heeds the existing regulation many associa tions, including most HOAs and con dominium townhouse-style communities are excluded from the new mulch reg

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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 22

MAY 2024

MULCH... from page 20.

ulation. It is believed that many local code officials may not be familiar with the details described above and will need further confirmation of these details. Further, though it appears the new mulch regulations will not apply to many community associations, this does not suggest that voluntary com pliance is not in the interests of the safety of residents living there. Further, the Fire Prevention Code per

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mits municipalities to adopt additional requirements that could make these regulations applicable to single family dwellings. This article is not legal advice and may not be relied upon as such. Any association considering the applica bility of the proposed mulch regulation must consult with their own attorney for an opinion concerning the appli cability of the regulation when pub lished in final form. n END NOTES: 1 https://codes.iccsafe.org/content/IFC2015 2 However, note, that the DCA revisions to the IFC make clear that some fire prevention regulations, such as the necessity for smoke and C02 detec tors still applies, as does certain provision of the Uniform Construction Code that applies to both new and existing structures.

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

3 NJAC 5:70–1.5 4 NJAC 5: 70-2.1 5 BOCA §910.3

MAY 2024

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PRIVATE LANDSCAPING in the Community Setting

By Rick Lang, LAN Exteriors

A s the cold weather draws to a close and the long-awaited warmer weather approaches, we all can’t help but feel the excitement of our next “green season.” As we all are happy to shed the winter blues and embrace the spring, some may be considering a renovation project to their outdoor spaces. While contem plating an outdoor renovation to a home located in a man aged community, there are a few things to consider first. What am I allowed to do? In general, all managed communities have a clear set of rules, usually located in the associations governing docu ments that specify what areas adjacent to a home you are allowed to modify. The first step in the process should be to consult with the association’s management to understand

what areas around your home are available to you for modification. Following this simple step can save you a fair number of headaches and frustration. Most associations also require a property modification agreement, in which the board of trustees will review your proposed plans and determine if they conform to the guidelines established by the community. Specific Considerations The decision to renovate your landscaping is influenced by many factors. Often, people think of a renovation as removing and replacing existing plant material along the front foundation of the property, but you should also con sider creating actual outdoor living spaces when possible and permitted. When creating outdoor living spaces, think CONTINUES ON PAGE 26

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MAY 2024