Community Association Transition: Construction Defects, Implied Warranties and Consumer Fraud
For every condominium and homeowner association, "control" is eventually transferred by the developer to an owner-controlled governing board after construction. This is called "transition." A successful transition is one in which the owner-controlled board works with the developer to ensure appropriate governance, adequate financial resources, and a properly designed and constructed community. But what happens when negotiations fail?
CAI-NJ APPEALS NEW DCA REGULATIONS
On May 18, 2020, Regulations to the Planned Real Estate Development Full Disclosure Act (PREFDA) were adopted and published by the New Jersey Department of Community Affairs (DCA), without giving community associations an opportunity to prepare to implement them.
COMMUNITY ASSOCIATION ALERT: IMPORTANT UPDATES TO THE RADBURN ACT
Last week, the New Jersey Department of Community Affairs (“DCA”) adopted regulations and alterations to its rules regarding implementation of the Planned Real Estate Development Full Disclosure Act (“PREDFDA”) and the Radburn Amendments (N.J.A.C. § 5:26-1.1, et seq.). As a result of these updates, immediate changes regarding how community associations operate have come into effect.
IMPORTANT UPDATE: COMMUNITY ASSOCIATIONS’ ABILITY TO COLLECT IS UNDER THREAT
On April 12, 2020, and April 14, 2020, our office warned of a new bill working its way through the New Jersey Legislature: S2330 / A3908, entitled “COVID‑19 Financial Security for Consumers Act.” When the bill was last before the Legislature, it was tabled for further consideration and editing.
REMOTE COMMUNICATION FOR BOARD MEETINGS IN NEW JERSEY
On Monday, April 13, 2020, the New Jersey Legislature voted on a new bill which would allow non-profits to meet remotely during the ongoing COVID‑19 crisis. The bill, S‑2342 / A‑3915, passed unanimously in both the New Jersey Senate and Assembly.
IMPORTANT UPDATES TO NEW JERSEY COMMUNITY ASSOCIATION AND LANDLORD-TENANT LAW
Yesterday was a heavy calendar for the Senate and Assembly. A number of impactful bills were up for consideration. Our office is providing you an update on bills relevant to you. Many of these bills were considered in the Assembly and the Senate simultaneously yesterday. They would provide relief for New Jersey residents and businesses due to the COVID‑19 pandemic. Please see the bullet-point summary of the bills that were up for consideration yesterday:
IMPORTANT UPDATE TO - COMMUNITY ASSOCIATION COLLECTION OF DELINQUENT MAINTENANCE FEES THREATENED BY NEW BILL
Our office previously provided an update with respect to S2330, a new Bill proposed in the Senate and the Assembly as a means of providing a degree of financial security to all residents of New Jersey. As our prior blog discussed, the Bill paints with a broad brush in its application to community associations, and apartment building landlords. The impact on these entities, if the measure passes, could be critical.
COMMUNITY ASSOCIATION COLLECTION OF DELINQUENT MAINTENANCE FEES THREATENED BY NEW BILL
The New Jersey Legislature is meeting Monday, April 12th to consider more bills to act as relief for those impacted by the COVID-19 pandemic. The current bills being considered are numerous. There is one bill in particular which may severely impact community associations.
Assistance Animals and Reasonable Accommodations under the Fair Housing Act
The U.S. Department of Housing and Urban Development (“HUD”) recently issued a Notice as to the legality and enforcement of animal policies in multiple dwellings with respect to Assistance Animals under the Fair Housing Act (“FHA”). This Notice applies to a variety of multiple dwellings, including apartment buildings and community associations. The Notice assists in gaining an understanding of the obligations of housing providers and regulators toward tenants and owners with disabilities with respect to the ability to keep animals in their dwellings. The Notice also replaces several pieces of guidance previously issued by HUD on housing providers’ obligations regarding service and assistance animals.
MULTIPLE DWELLINGS, EXEMPTIONS, AND HOUSING INSPECTION OBLIGATIONS
The Bureau of Housing Inspection is a division of the Department of Community Affairs (“DCA”). Under New Jersey’s Hotel and Multiple Dwelling Law (N.J.S.A. § 55:13A-1, et seq.), the Bureau of Housing Inspections is required to conduct periodic inspections of multiple dwellings and hotels. The definition of “multiple dwelling” under the Law includes any building or group of buildings, with three (3) or more units of dwelling space intended to be occupied independently. This definition includes most apartments, condominiums, cooperatives, and other, similar locations.