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Coverage is available in the mar- ketplace for unit owners to insure for these deductibles and assessments and typically at a negligible cost. Next is A4484. This bill was intro- duced by Assemblyman Tim Eustace out of District 38 (Bergen and Passaic). This bill declares that deed restrictions or agreements that prevent raising or con- structing of a structure to certain flood elevation standards are unenforceable. This bill could have been problematic to community associations that could have affected those in attached townhomes/ row houses. The LAC and, in particular, LAC member Audrey Wisotsky, worked closely with Assemblyman Eustace to amend the bill so that it would not apply to condominium associations. We were successful in getting the language to read in part: “Notwithstanding, the foregoing, with respect to a structure located within a common interest commu- nity, any and all other provisions of the applicable declaration of covenants, easements and restric- tions, or similar document contain- ing deed restrictions, shall remain in full force and effect and shall be enforceable. Further, if the raising or construction of a struc- ture located within a common interest community would neces- sitate that construction, repair or other related work be performed with respect to other owners with- in the community or the subject homeowners association shall be paid by the owner of the structure which will be raised or construct- ed to a new elevation.” The bill has passed the Assembly with the amended wording!

Finally, but most worrisome is S181. This bill was introduced by Senator Christopher “Kip” Batemen out of District 16 (Hunterdon, Mercer, Middlesex and Somerset) and Senator Fred H Madden, Jr. out of District 4 (Camden and Gloucester). This bill

prohibits snowplow or de-icing ser- vice contract from indemnifying prom- ise against liability for loss or damage in certain instances. This bill is extremely problematic for community associations and should be opposed. The bill has passed the Senate 35-0, CONT I NU E S ON PAGE 38

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