Sept 2023

LEAD, WATER & FLOOD... from page 22.

comprehensive reevaluation of how community associations manage their communication protocols with residents. Failure to adhere to these new notifica tion requirements may expose these associations to legal risks, including potential lawsuits from residents or reg ulatory fines from the state authorities. Moreover, owners and operators are effectively placed in the posi tion of an intermediary between the water company and the residents. Therefore, associations may also need to liaise with water companies to ensure the timely replacement of lead service lines and track the prog ress of these initiatives to update their notices accordingly. This fact is espe cially true if certain water lines fall within common elements owned by the association. Significantly, the law obligates water companies to replace even the portion of the service lines owned by property owners.This requirement effectively removes the financial burden of lead service line replacement from property owners and associations, a significant shift from the traditional responsibilities held by these entities. Lead Safe Certification In addition to the above, Legis lature also recently passed N.J. S.1147/A. 1372 (2021), which updated N.J.S.A. § 52:27D437.5; §§ 52:27D437.16 to 437.20; § 26:2137.6; and § 55:13A12.2. Of these changes, N.J.S.A. § 52:27D 437.16, in particular, introduces the concept of a “Lead Safe Certification,”

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SEPTEMBER 2023