FANNIE MAE AND FREDDIE MAC NEW LENDER REQUIREMENTS FOR CONDOMINIUM AND COOPERATIVE PROJECTS
On June 24, 2021, tragically the Champlain Towers South condominium in Surfside, FL, collapsed. Investigation revealed that construction defects, long-term water infiltration, and years of deferred maintenance may have all led to the collapse and the death of 98 people.
NEW JERSEY LEGISLATURE ALLOWS COMMUNITY ASSOCIATIONS REMOTE MEETINGS TO CONTINUE
On December 20, 2021, New Jersey’s Legislature passed S. 4112/A. 5549 (2021); and, on January 10, 2022, Governor Murphy signed the bill into law. The law, while short, is immensely helpful to Community Associations throughout the state, many of which have adapted to the new remote meeting procedures previously permitted during the COVID-19 State of Emergency.
NEW JERSEY LEGISLATURE PASSES LAW PROHIBITING DISCRIMINATORY DEED LANGUAGE, AND REQUIRING THE REVIEW OF COMMUNITY ASSOCIATION GOVERNING DOCUMENTS
On June 30, 2021, New Jersey’s Legislature passed S. 2861/A. 5390 (2021), which was signed into law by Governor Murphy on November 8, 2021. It has since been approved as P.L.2021, c.274, and will be codified as N.J.S.A. § 46:15-15 to 18. which requires that any deed filed after January 1, 2022, must not contain any language that violates Sections 4 or 11 of New Jersey’s Law Against Discrimination (“LAD”). Community Associations will have to review their current Governing Documents to ensure compliance and will have to amend them if necessary.
New Tort Liability Law – New Protections for Community Associations
The State of New Jersey recently passed new protections for community associations regarding potential civil actions involving alleged exposure or transmission of COVID-19 within the community. Specifically, the Assembly and the Senate have passed Senate Bill 3584 which provides additional tort immunity for community associations than was available under existing law. The law has been passed in the legislature and is currently awaiting the Governor’s signature, which we do expect to be completed shortly.
DISCUSSION ABOUT REOPENING ASSOCIATION FACILITIES IN THE PANDEMIC - 2021
Determining whether to open Association facilities or keep them closed this year is a harder choice than ever, in our ever-changing Covid-19 environment. It is mid-March, 2021, but we have experienced our first 60 degree day. It has been a year since Covid-19 hit. Everyone thought that the safeguards would be temporary, but we are learning that nothing is easy in this pandemic. The vast majority of Associations closed their facilities last year, and nearly all have remained closed.
Indoor Gatherings and Association Meetings
We hope everyone is staying safe and healthy heading into the holidays and especially during the recent rise in COVID‑19 infections.
A lot of states are responding to the current spike in Coronavirus diagnoses by implementing more severe guidelines and restrictions. New York, New Jersey, and Pennsylvania are no different in this regard. Particularly, in recent days, we have seen limits placed on the number of people who can gather in one place instituted in all three states:
NEW LAW: Electric Vehicle Car Charging Stations in Common Interest Communities
Our office previously wrote a blog in 2018 about the current status of pending bills in the Senate and Assembly regarding car charging stations in common interest communities. You can read that blog here. The bill NJ S.B. 2421 (2018) was passed by the Assembly and the Senate on January 13, 2020. However, when the bill went before the Governor, it was pocket vetoed on January 21, 2020. This means that the Governor did not directly respond to the bill and point out any objections.
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.