September2017

"CAI-NJ has long lobbied to get out of the business of maintaining fire hydrants..."

NJS 45:22A-21 et seq.) to require community associations to allow the installation of electric vehicle charging stations in an owner’s designated parking space. CAI-NJ recognizes that electric vehicles continue to prolif- erate and would like to be friendly to such endeavors. This bill recognizes the right of an association to impose rea- sonable restrictions on such installations and appears to require associations to permit access over or under common property to accomplish the end result. Such restrictions, however, may not significantly increase the cost of the installation or decrease its efficiency or performance. The bill also provides that applications for such installations are to be treated as other architectural modification requests. Although well intentioned and the wave of the future, the bill as presently written requires revi- sion to adequately project association interests. Accordingly, CAI-NJ represen- tatives met, in June, with the prime spon- sor, along with charging station industry lobbyists and the builders association. We are cautiously optimistic that a compromise can be reached. A4123/S2522 – Fire Hydrants Finally, A4123/S2522 would begin to address the inequity of treat- ment of fire hydrants on private streets within community associations. These bills, introduced last year, and current- ly pending before the Assembly State and Local Government Committee and the Senate Community and Urban Affairs Committee would address hydrants serviced by munic- ipal utility authorities (MUA’s). These authorities control some but certainly not all hydrants within community associations (the balance are handled

by towns directly or by private utilities, like New Jersey American Water). However, this bill would be a first step in the right direction. If passed, this bill would require MUA’s to “inspect, maintain and repair, fire hydrants located on streets and roads in planned real estate develop- ments within its service borders in the same manner and to the same extent as fire hydrants that are not located in planned real estate developments are inspected, maintained, and repaired by that authority.” CAI-NJ has long lobbied to get out of the business of maintaining fire hydrants, on the basis that this health and safety equipment is best maintained by those expert in the field. This bill would address that issue, but only with respect to MUA territories. Not addressed in this bill is the cost of these hydrants, CAI-NJ’s other

wish list item in this regard. At pres- ent, most associations pay a standby water fee for the hydrants on their pri- vate streets. This charge is often sub- stantial, $1,500 per year per hydrant in some cases. CAI-NJ continues to push for whoever provides the water to either charge the municipality for same or failing that, at least give the association the benefit of the lower water charge charged to municipal- ities for the hydrants that they pay. Thre has been no movement yet on this latter issue. n

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