Sept 2023

Unpacking New Jersey’s New Lead, Water & Flood Notification Laws and Their Impacts on Community Associations

By Jennifer L. Alexander, Esq., Griffin Alexander, P.C.

“The effect of these laws...may be minimal, but understanding the effect is crucial to effective community management."

N ew Jersey has recently enacted several key laws regarding, among other things, lead, water, and flood notifications. The effect of these laws on condominiums and community associations may be minimal, but understanding the effect is crucial to effective community management. Notification of Lead in Drinking Water Recently passed by the Legislature, N.J. S. 968/A. 2863 (2021) amended N.J.S.A. §§ 58:12A12.4 to 12.6. Water companies are now obligated under the law to notify their customers when lead levels in their systems exceed 15 parts per billion—be it across their entire system or confined to a specific area. When a landlord, including one in a community association, receives such a notifica tion or health and safety information related to the presence of lead in drinking water, they are mandated by N.J.S.A. § 58:12A12.6 to act promptly. As soon as practicable (but no more than three busi ness days after receiving the notification), landlords must distribute the information provided by the water company to every tenant whose apartment is served by the public water system and who is in a lease agreement with

the landlord. The mode of communication can be any medium, including email, that guarantees the receipt of information. Further, the landlord must post the notification prominently at the entrance of each rental premise owned by the landlord and served by the public water system. The only exception to this rule involves single-family dwell ings without common areas. This law only applies if the landlord is the direct customer of the public water system. If the tenant is the direct custom er billed directly by the public water system, then the land lord will not have to provide such notification. This scenario is likely rare in condominiums and community associations, but it serves as a precedent for defining the boundaries of a landlord’s responsibilities. This law will affect community associations if a unit owner rents his unit to a tenant. In that case, the unit owner, as the landlord, would be bound by this law. In cases where a Board has foreclosed upon, or otherwise taken control of, a unit, the Board has also become a landlord. The asso ciation could be responsible for noncompliance with the new law in such a case. While N.J.S.A. § 58:12A12.6 only applies to landlords, community associations should be wary if any unit owners share water meters (e.g., in CONTINUES ON PAGE 22

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SEPTEMBER 2023