CAI-NJ Sept. 2019update

Community Trends ® September 2019

LEGISLATIVE UPDATE © iStockphoto.com

• Trenton Report • NewJersey Foreclosure Reform is FinallyAchieved • Update on Legislation Regarding the Installation of Car Charging Stations in Common Interest Communities • Get to KnowCA-PAC • Forging Positive Relations with Your Municipality • ....and more In This Issue

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The Community Associations Institute New Jersey chapter would like to thank its 2019 Ultimate Partners below. For more information on our sponsorships, please contact Laura O’Connor at 609-588-0030 or laura@cainj.org.

T hank You Fo r You r Suppo r t !

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THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS

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Trenton By Kayvon J. Paul MBI-Gluckshaw

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New Jersey Foreclosure Reform is Finally Achieved By Thomas C. Martin, Esq., Member, Legislative Action Committee Price Meese Shulman & D’Arminio, P.C.

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Update on Legislation Regarding the Installation of Car Charging Stations in Common Interest Communities By Matthew Z. Earle, Esq. Kates, Nussman, Ellis, Farhi & Earle, LLP

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CA-PAC By A. Christopher Florio, Esq. Stark & Stark

© iStockphoto.com

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Forging Positive Relations with Your Municipality: Have Coffee With the Mayor. Even Better, Have Township Wide Connections! By Paul Raetsch Horizons at Woods Landing HOA

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Management Trends: The Importance of LAC to the Community Manager By Dawn Mackanic, CMCA Prime Management, Inc., AAMC

EXTRAS President's Corner

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Looking Ahead

CAI-NJ Upcoming Events

Legislative Update

CA-PAC “Dollar a Door” Campaign

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2019 Dennis R. Casale Memorial Golf Outing Wrap-up & Photos

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CAI-PAC 9 and Nosh Registration

2019 CAI-NJ Olympics Wrap-up & Photos 2019 CAI-NJ Conference & Expo Registration Pre-Conference Networking Party Registration

Coffe & Cram Registration 2020 Committee Application

Courtesy CAI-NJ.

Q&A

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November CAI-NJ Lecture Series Registration 2019 CAI-NJ Shoot the Cover Photo Contest

New Members

CAI Membership Application 2019 Ultimate Partner Listings

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CAI-NJ LEADERSHIP BOARD OFFICERS

BOARD OF DIRECTORS Benjamin Basch American Pool Enterprises Business Partner

Donna Belkot Taylor Management Company, AAMC, AMO Community Association Manager Jean Bestafka Renaissance Homeowners Association Homeowner Leader

PRESIDENT MOHAMMED SALYANI, CPA WilkinGuttenplan

Bruce Kunz, CMCA Windmill Club Association Homeowner Leader

Deana Luchs Canal Walk Homeowners Association Homeowner Leader Tony Nardone, MBA, PCAM Corner Property Management Community Association Manager

VICE PRESIDENT LOREN LIGHTMAN, ESQ. HILL WALLACK LLP

PRESIDENT ELECT JENNIFER NEVINS, CMCA DW SMITH ASSOCIATES, LLC

Christopher Nicosia, CMCA, AMS, PCAM Prime Management, Inc., AAMC Community Association Manager

Lisa Vitiello, CPA Towne & Country Management, Inc. Community Association Manager

TREASURER JEFFREY LOGAN GUARDIAN SERVICE INDUSTRIES, INC.

SECRETARY MARK WETTER, ESQ. RADOM & WETTER

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

GENERAL COUNSEL EMERITUS Wendell A. Smith, Esq., CCAL Greenbaum, Rowe, Smith & Davis, LLP

IMMEDIATE PAST PRESIDENT Lisa Vitiello, CPA Towne & Country Management, Inc.

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PRESIDENT’S CORNER

CAI-NJ STAFF

Mohammed Salyani, CPA CAI-NJ 2019 PRESIDENT WilkinGuttenplan

LARRY P. THOMAS, PCAM CHAPTER EXECUTIVE DIRECTOR LARRY@CAINJ.ORG ANGELA KAVANAUGH DIRECTOR, CONFERENCE & PROGRAMS ANGELA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, EVENTS & EDITORIAL JACLYN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS MANAGER, GRAPHIC DESIGN & MEMBER SERVICES BROOKE@CAINJ.ORG CHELSEA DONNIGAN MANAGER, MEMBERSHIP & MARKETING

Say Goodbye to Summer I t is with great sadness that I inform you of the sad and premature demise of a great friend of ours; the summer of 2019. By the time you read this the pools will have gone silent, having been put to sleep until next spring, and the playgrounds will be quiet with kids back in school (although I don’t think too many parents will be upset about that!). It has been an amazing summer for our chapter. The Board training was a huge success, F.A.S.T. collected over $12,000 at the Olympics, the CA-PAC Day at the Races was sold out and Annual Beach Party was awesome as usual, to name a few. Of course, one of the biggest achievements of our chapter were the two foreclosure reform bill that LAC worked very hard to get across the finish line.

CHELSEA@CAINJ.ORG JENNIFER FARRELL ADMINISTRATIVE COORDINATOR JENNIFER@CAINJ.ORG

Contact CAI-NJ

Speaking of the foreclosure reform bill there is an excellent article on the legislation by Thomas Martin. It talks about how the bill now helps associations, be it condos or HOA’s, collect more money from the banks through the lengthy process. Paul Raetsch’s article about main-

“The stronger the ‘message’ we can send, the more legislative action will be in our favor.”

ADDRESS CAI-NJ

500 HARDING ROAD, FREEHOLD, NJ 07728 PHONE 609-588-0030 FAX 609-588-0040 WEB WWW.CAINJ.ORG EMAIL INFO@CAINJ.ORG

taining a good relationship with the Municipality is very interesting. He talks about living in an association where the developer went belly-up and how working with the township helped them get back on track. Tell us Paul, was it Starbucks coffee you had with the Mayor? Chris Florio’s article about how important it is we support our Legislative Action Committee is so true. The stronger the “message” we can send, the more legislative action will be in our favor. By the way I did not know that our CA-PAC was the first in the country. Very impressive. Last but not least is Matthew Earle’s article on the bill for charging stations for electric vehicles. As an owner of an electric vehicle, which by the way is so much fun to drive, I would love to see more electric charging stations go up, but I can absolutely see why it would be a major issue for associations. Enjoy this LAC issue everyone and the last few weeks of this warm weather. n

CAI-NJ On Social Media

www.facebook.com/ CAINJCHAPTER

@CAINJCHAPTER

Community Associations Institute - New Jersey Chapter

@cainewjersey

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LOOKING AHEAD LARRY THOMAS, PCAM | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

W hat a crazy year it’s been for our Legislative Action Committee! Several of the bills that the LAC has been following have either been signed into law or are significantly moving in the commit- tees or houses. I am sure you will find the articles in this month’s issue (as well as George Greatrex’s monthly article) to provide a better understanding of these bills and what they will mean to all of us in the common interest community world. I cannot say enough good things about our LAC and their dedication and desire to have an impact on these import- ant matters. The LAC meets monthly and the meetings often run over due to the complexity and volume of proposed leg- islation. Bills and tasks are assigned to committee members and it’s their job to investigate their assigned bill and report back to the LAC. More than often, several hours are spent between meetings discussing the bill and coming up with a position and game plan. I’m not sure how many of our members can truly appre- ciate the number of hours that were recently dedicated to the recently introduced “Radburn” regulations. It was a group effort, but the majority of the heavy lifting was done by Dave Ramsey, Esq.. Dave spent the bulk of the 4th of July weekend in front of his computer crafting the 22-page response to the DCA outlining our concerns. Before and after Dave preparing the LAC response, several in person (as well as Zoom) meetings were held to openly discuss the impact of each item detailed in the DCA’s proposed regulations. We are “on hold” with the DCA until they review these comments and make a final determination. I can say that the DCA was overwhelmed with the comments submitted to them by our members. I want to thank all of our members who took the time to contact the DCA and express their concerns. So, as important as the DCA regulations are and consid-

ering the short window to prepare a response and solicit action from our members, the LAC didn’t forget the other pressing legislative bills that are equally important to our communities. The several articles contained in this month’s issue represent a small glimpse of the many bills and legis- lative initiatives that our LAC is monitoring. Currently, these are the “priority” issues ranked either by affect (positive or negative) or because they are being pushed by a bill sponsor or committee. Often times, bills are “fast tracked” and go through the committee and house process very quickly and soon find

“The LAC meets monthly and the meetings often run over due to the complexity and volume of proposed legislation.”

themselves on the governor’s desk. The LAC, with the constant direction from Michele Jaker, our lobbyist, has a keen sense of where the bills are, who is pushing them and when and how to react. Michele is in continuous conversations with our elected officials and their staffs to make sure we are kept abreast of any movement with any bills we are tracking. Our LAC and PAC committees are extremely busy keep- ing an eye out for the best interests of all of our common interest communities. It helps with our board members; community managers and industry business managers keep up-to-date with and support the efforts of both of these invaluable groups. n

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2019-2020

EVENTS & EDUCATION CALENDAR

November

September

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5-6

Lecture Series - Pending National & State Legislation & the Physical & Financial Effects on our Community Associations CAI-NJ, Freehold Coffee & Cram : CMCA Study Group CAI-NJ, Freehold

PCAM Case Study Cranbury

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Managers Leadership Workshop Rossmoor Community Association, Monroe Twp. Olympic Check Presentation Breakfast & Castle Tour Make -A-Wish Foundation of NJ, Monroe Twp.

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DECEMBER

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Legal Forum Stonebridge Community Association, Monroe Twp. Joint Manager & Business Partner Roundtable TBD Homeowner Leader Roundtable Buona Sera, Red Bank

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Annual Meeting and Chapter Retreat Clearbrook Community Association, Monroe Twp.

FEBRUARY

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Annual Awards Celebration The Event Center @iPA, Freehold

October

APRIL

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Spring Break Party The Grand Marquis, Old Bridge

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2019 Pre-Conference Networking Reception The Event Center @iPA, Freehold, 2019 CAI-NJ Annual Conference & Expo CA-PAC Nine & Nosh Greenbriar Whittingham, Monroe Twp.

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June

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Dennis R. Casale Memorial Golf Outing Forsgate Country CLub, Monroe Twp.

The Event Center @iPA, Freehold M-310: Management Company Administration Freehold

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All Events Are Subjuect To Change

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LEGISLATIVE UPDATE

GEORGE GREATREX, ESQ. PARTNER, SHIVERS, GOSNAY & GREATREX, LLC LEGISLATIVE ACTION COMMITTEE CHAIR

A s I wrote in this column last year, the September issue of Community Trends ® is my favorite of the year… there’s always so much good stuff in it! It’s commonly known as the “LAC” issue because all of the articles are about legislative, regulatory and legal issues affecting common inter- est communities in New Jersey, written by members of the CAI Legislative Action Committee – NJ. This year has been active and productive. We have gained some important legislative victories, both in the passage of helpful legislation, and in the opposition of bad laws. These are some of the issues you’ll read about in these pages: • Foreclosure Reform: This past Spring we achieved one of the LAC’s legislative priorities, addressing the foreclosure crisis which continues to plague our com- munities (yeah!). Thomas Martin, a lawyer and former chair of the LAC, reviews this issue and explains how the package of foreclosure reform bills recently signed into law will help our common interest communities. • Politics in Trenton…where we go from here: We are closing in on the end of this current two-year leg- islative session in Trenton (ends in mid-January 2020). Michele Jaker and Kayvon Paul, two of the LAC’s pro- fessional lobbyists, report on the news from Trenton, our recent successes, and what we can expect between now and January 2020. • Forging Positive Relationships with your Municipality: Paul Raetsch, a homeowner leader mem- ber of the LAC and former President of his HOA Board, discusses the importance of these relationships and how to develop them for the betterment of your community. • Electric Vehicle Charging Stations: Advancing “green energy” technology brings with it both benefits and complications, and this topic is a good example of that. Matthew Earle, a lawyer and the LAC’s go-to resource on tech issues who wrote about this issue in last year’s edition, updates us on legislative efforts to

promote the use of electric vehicles, and how we are working with the legislature to make sure those laws are fair to our communities. • CAI-NJ’s Political Action Committee (CA-PAC) Supports NJ LAC in Political Efforts: CA-PAC’s mission of initiating and advocating for helpful legislation, and opposing harmful legislation, costs money. Not that your LAC members receive any of that money (we don’t), but to be effective in what we do requires the help of lob- bying professionals (who get paid for their services by NJ “This is the issue of Trends you should keep on the top of the legislative and legal resource pile on your desk at all times.” LAC) and attendance at functions which gives NJ-LAC the opportunity to interact directly with the lawmakers and their staffers (which also costs money). Chris Florio, a lawyer and former President of CAI-NJ, reports on how the New Jersey Chapter’s Political Action Committee assists us in NJ-LAC’s mission, and how you can help. This is the issue of Trends you should keep on the top of the legislative and legal resource pile on your desk at all times. Many thanks to the authors of the articles in this issue, and all members of the LAC, for their unselfish and tireless efforts on behalf all of us who live and work in common interest communities in New Jersey. I encourage you to share the information in these pages with your Board members, homeowners, property managers, and legal and accounting professionals. This edition and the information it provides is just another example of the many great bene- fits of membership in CAI. Hope you had a great summer! See you here next month… n

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2019 CAI-NJ COMMITTEES

AWARDS COMMITTEE Gabby Grimes — Chair Eileen Szelewicki, CMCA — Vice Chair Neil Betoff

F.A.S.T. COMMITTEE Gabe Vitale — Chair Ashley Gray, CMCA — Vice Chair Matthew Antico

LEGISLATIVE ACTION COMMITTEE (LAC) George Greatrex, Esq. — Chair A. Christopher Florio, Esq. — Vice Chair

Joseph Chorba, CPA — Treasurer Michael Pesce, PCAM — Secretary Lisa Rayca, CMCA, AMS — CAI-PADELVAL, So. Jersey Liaison Elizabeth Comando, CMCA, PCAM Barbara Drummond, CMCA, PCAM

Jennifer Carr Rich Cassilli Drew Cowley Michelle Gadaleta Lila Khiry Steve Lang

Jessica Baker Angela Celeste Jamie Cullen, CMCA Eric Eggert Shelby Evans Brian Griffin Jessica Hatton Shaun Hynes Vincent Kazmierski Lila Khiry Steven Kuhnert Jessica Long

Matthew Earle, Esq. Vincent Hager, CIRMS Sue Howe, AMS, PCAM Steve Kroll Christine Li, Esq., CCAL James Magid, CMCA, PCAM, LSM Thomas Martin, Esq. Glen Masullo, CMCA, PCAM

Christine Maldonado Vanessa Nixon, Esq. Drew Podolski, Esq. Kari Prout Mary Visco Sandi Wiktor Board Liaisons: Jennifer Nevins, CMCA Lisa Vitiello, CPA Staff Liaison: Jaclyn Oskierko BUSINESS PARTNER COMMITTEE Amy Shorter — Chair Jessica Vail — Vice Chair Theresa Beckett Robert Flanagan, Esq. Ryan Fleming Frank Gencarelli Toni Licciardi Michael Luzzi Kim Manicone Patricia Ventura Gregory Vinogradsky, Esq. Lisa Wagner Board Liaisons: Jeffrey Logan Jennifer Nevins, CMCA Staff Liaison: Angela Kavanaugh CONFERENCE & EXPO COMMITTEE Jay Burak — Chair Jessica Kizmann, CPA — Vice Chair Kristie Bendick, CMCA Saher Gouda David Kalen Dawn Kearney

Kristin Marzarella Tara Melick, CPA Nicole Miller, Esq. Rachel Richardson, CMCA Lauren Vadenais David Vargas

Jack McGrath Paul Raetsch

J. David Ramsey, Esq., CCAL Caroline Record, Esq., CCAL Board Liaisons: Jean Bestafka Loren Lightman, Esq. Staff Liaison: Larry Thomas, PCAM MANAGER COMMITTEE Erin O’Reilly, CMCA, AMS, PCAM — Chair Kristina Munson, CMCA, AMS, PCAM — Vice Chair Denise Becker, CMCA, AMS, PCAM Jeff Cirkus, CMCA, AMS, PCAM Dawn Mackanic, CMCA Kerri Stimpson, AMS Elaine Warga-Murray, CMCA, AMS, PCAM Michelle Williams, CMCA, AMS Board Liaisons: Tony Nardone, MBA, PCAM Chris Nicosia, CMCA, AMS, PCAM Staff Liaison: Angela Kavanaugh MEMBERSHIP COMMITTEE Nikolaos Haralambopoulos, CPA — Chair Briana Walsh — Vice Chair Michael Barch Lysa Bergenfeld, Esq. Jennifer Cardak Nichole Gist Jennifer Lynch, CIC Tara Melick, CPA Steven Mlenak, Esq. Peter Throndson Board Liaisons: Loren Lightman, Esq. Mark Wetter, Esq. Staff Liaisons: Chelsea Donnigan Brooke Stoppiello-Nevins NETWORKING EVENTS COMMITTEE Pam Illiano — Chair Gary Gleitman — Vice Chair Kathleen Radler Steve Roderick Ken Shah

T he CAI Amicus Program is looking for your help. For years, CAI has participated in New Jersey court cases involv- ing significant community associ- ation issues. We do this through our “Amicus” or “Friend of the Court” Program. With the court’s permission, CAI files briefs in court cases advocating the interests of our members. CAI has successfully appeared in a number of important New Jersey cases, including Twin Rivers. It is important for our mem- bers to let CAI know when they are involved in, or become aware of, a lawsuit which may have an impact of general concern to the industry. We can only participate and have our views expressed when we know about these cases when they first arise. So, this is an import- ant request on behalf of both the National and Chapter Legislative Action Committees to please advise the Chapter office of any litigation involving community association issues of potential importance to the entire industry. For any such notices, please contact Larry Thomas, PCAM at (609) 588-0030 or at larry@cainj.org. n Help CAI’s Amicus Effort

Kristy Winchock Board Liaisons: Benjamin Basch

Jeffrey Logan Staff Liaison: Jaclyn Oskierko GOLF OUTING COMMITTEE Paul Migliore — Chair Eric Eggert — Vice Chair Chris Belkot Scott Brandle Martin Cabalar, Esq. Patti Clemente Marty Ehrlich Keith Giliberti, PE, RS Fred Hodge, Jr. Hank Johns Lisa Komitor Georgette Kyriacou Cathy Mango Mike Polulak, Esq. Ross Rutman David Shahrabani Jasmin Shelton Christopher Tensen, CMCA, AMS Ryan Weiner

Joe Bonafede Jeanine Clark Ellen Comiski Jeffrey Cuevas John Echelmeier Stacey Imber Tanya Jimenez Terry Kessler, Esq. Konrad Kurach Valerie Luckenbach Denise Mack

Tom Witkowski Board Liaisons: Chris Nicosia, CMCA, AMS, PCAM Mark Wetter, Esq. Staff Liaison: Jaclyn Oskierko HOMEOWNER LEADER COMMITTEE Cheryl Palent — Chair Roslyn Brodsky — Vice Chair Lois Gerber Charles Lavine

Jessica Marvel Karl Meth, Esq. Kevin Oliver Cheryl Rhine, CIC, CIRMS

Richard Pucciarelli Board Liaisons: Jean Bestafka Bruce Kunz, CMCA Deana Luchs Staff Liaison: Angela Kavanaugh

Harriet Schwarzber, CMCA, AMS Jackie Thermidor, CMCA, AMS Board Liaisons: Donna Belkot Mohammed Salyani, CPA Staff Liaison: Angela Kavanaugh EDITORIAL COMMITTEE Mary Barrett, Esq. — Chair Robert Arnone, CMCA, AMS — Vice Chair Hilary Harding Jonathan Katz, Esq. Richard Linderman, Esq. Michael Mezzo, CPA, MBA Steven Morris, RS Robert Roop Kari Valentine, CMCA, AMS Ray Venturino Board Liaisons: Deana Luchs Lisa Vitiello, CPA Staff Liaison: Jaclyn Oskierko

Dean Catanzarite Diane Cody, PCAM Rhett Cowley Jose Elvir Seth Frumkin Freedom Hildreth Carol Nickerson, CMCA Julie Nole Debbie Pasquariello, CIC, CIRMS

Daniel Reilly Chris Rosati Kristine Schmocker Dan Turi Melissa Volet, Esq. Board Liaisons: Benjamin Basch Donna Belkot Staff Liaison: Jaclyn Oskierko

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CA-PAC WORKS HARD PROTECTING THE INTERESTS OF COMMUNITY ASSOCIATIONS

SUPPORT CA-PAC “A Dollar a Door”! The Community Association – Political Action Committee (CA-PAC) is a volunteer committee consisting of homeowners, professionals and managers who serve New Jersey’s community associations. CA-PAC was created to give our members a stronger voice in Trenton by supporting candidates who support key issues important to CAI-NJ members. Please do your part and support our 2019 “Dollar a Door” campaign. Donate $1 per door or at least $250.00 per year for communities and $25.00 for individuals. 2019 A Dollar a Door Community Associations • Cedar Village at East Brunswick • Clearbrook Community Association • Executive House Condominium Association • Horizons at Woods Landing • Riviera at East Windsor Homeowners Association • Rossmoor Community Association • The Ponds • Union Gap Village Association • Wanaque Reserve Condominium Association • Wyckham Manor Association, Inc.

TO DONATE TO CA-PAC, SEND CONTRIBUTIONS TO: CA-PAC, 500 Harding Road, Freehold, NJ 07728 | or visit: www.cainj.org/capac TO DONATE TO CA- , CONTRIBUTIONS TO: CA-PAC, 5 0 Harding Road, Freehold, NJ 07 8 | r i it: . i j. rg/capac

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YES, I’D LIKE TO SUPPORT CA-PAC WITH A PLEDGE!

COMMUNITY ASSOCIATION DOLLAR PER DOOR __________________ X ____________________ $_________ Number of Doors A Dollar or More Total Pledge PROFESSIONAL PLEDGE __________________ X ____________________ $_________ Number of Doors A Dollar or More Total Pledge FLAT RATE PLEDGES Business Partner ............................................... $250-$500 $_________ Management Company ..............................................$500 $_________ Other ....................................................................................... $_________

Community/Company: ________________________________________________________________________________________________

Individual Name:_____________________________________________________________________________________________________

MailingAddress:______________________________________________________________________________________________________

City, State, ZIP:______________________________________________________________________________________________________

Phone:_________________________________________________________Fax: ________________________________________________

Email:________________________________ Occupation:______________________ Employer:_____________________________________

Employer Address:___________________________________________________________________________________________________

City, State, ZIP:______________________________________________________________________________________________________

Please make your CORPORATE or PERSONAL CHECK payable and mail to: CA-PAC, 500 Harding Road, Freehold, NJ 07728

Management Company Name: _________________________________________ (Community Association’s Only) DO NOT INCLUDE MY NAME OR COMPANY ON THE LIST OF CA-PAC CONTRIBUTORS

The New Jersey Election Law Enforcement Commission requires us to collect and report the name, mailing address, occupation and name of the employer of contributors whose contribution exceeds $300 in a calendar year. Contributions to CA-PAC are not deductible for federal income tax purposes. Contributions are not limited to suggested amounts. CA-PAC will not favor nor disadvantage anyone based upon the amounts or failure to make PAC Contributions. Voluntary political contributions are subject to limitations of ELEC regulations. CA-PAC contributions are not considered payment of CAI dues.

CA-PAC WORKS HARD PROTECTING THE INTERESTS OF COMMUNITY ASSOCIATIONS

Municipal Bonding Requirements – (A1425, S3233) - Last year, the legislature passed a law removing developers’ requirements to post performance and maintenance guarantees on construction not ultimately dedicated to the municipality. While intended only to apply to shopping centers, CA-PAC is concerned that our communities could be swept into the exemptions, and will be working to correct the oversight. Delinquencies and Expedited Foreclosures – (A2085, S1243) – We continue to attempt to work with the banks to maintain vacant units and assume responsibili- ty for maintenance fees while pushing for rent receiverships as an option. Municipal Services / Fire Hydrant Maintenance - (A1745) – CA-PAC is advocating for expansion of the municipal services provided to your community. Our top priority for now is passage of legislation that would ensure that your local municipal utility authority keep your neighborhood safe by properly maintaining fire hydrants, and we hope to make the cost of such maintenance fair by banning the practice of charging our associations more than their host municipalities. Electric Charging Stations - (A1030) - There is National and State legislation concerning the installation of electric charging stations for existing and future common interest communities. CA–PAC will be there to make sure you have say over when, where, and if to include these stations in your communities. DCA Inspections - (S1150) - This bill would reduce inspections from every 5 years to every 2 years. Solar Panel Installations – (A2469) - Recent legislation proposes controls for regulation and installation of solar panels in your community. Insurance Deductibles – (A2439) - Recent legislation proposes to prevent an association’s ability to transfer the responsibility for a damage claim’s deductible to homeowners in condominium associations. Snow Contractor Indemnification – (S665) - This legislation would require snow contractors to be indemnified for any damage or injuries as a result of their snow removal/ice control operations.

TO DONATE TO CA-PAC, SEND CONTRIBUTIONS TO: CA-PAC, 500 Harding Road, Freehold, NJ 07728 | or visit: www.cainj.org/capac

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CAI-NJ 2019 PARTNERS

Ultimate PARTNER Community Associations Institute New Jersey Chapter

2019

Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Becker Belfor Property Restoration Brown & Brown Insurance of Lehigh Valley C & L Sweeping & Pavement Maintenance Corner Property Management Denali Property Management, Inc. DW Smith Associates, LLC FWH Associates, P.A. G & C Electronics

GAF Hill Wallack LLP Kipcon Inc. McGovern Legal Services, LLC mem property management, co., inc. Regal Restoration Rezkom Enterprises, Inc. Taylor Management Company, AAMC, AMO Technocality, Inc.

The Falcon Group - Engineering, Architecture & Reserve Specialists WilkinGuttenplan

El i te PARTNER Community Associations Institute New Jersey Chapter

2019

Accent Group Advanced Pavement Group AMCO Pest Solutions, Inc. AR Management Company Becht Engineering, BT, Inc. Buckalew Frizzell & Crevina LLP Cowley’s Termite & Pest Control Services Curcio, Mirzaian & Sirot, LLC Cutolo Barros, LLC FirstService Residential, AAMC Greenbaum, Rowe, Smith & Davis, LLP

Griffin Alexander, P.C. Hillcrest Paving & Excavating, Inc. Jesan Construction and Maintenance JGS Insurance KPI 2 Contractors, Inc. L.N. Rothberg & Son, Inc. Landscape Maintenance Services, Inc. Mackoul Risk Solutions, LLC Morris Engineering, LLC National Contractors, Inc. NFP Property & Casualty Services, Inc. O & S Associates, Inc.

Pardini R Construction Corporation Popular Association Banking Quality 1st Contracting, Inc. R.M. Termite & Pest Control Radom & Wetter Attorneys at Law Rainbow G & J Painting, LLC Republic Services Stark & Stark Towne & Country Management, Inc. USI Insurance Services

Valley National Bank Witczak Engineering

Premier PARTNER Community Associations Institute New Jersey Chapter

2019

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Hueston, McNulty, Attorneys at Law MyPropertyBilling.com, LLC National Cooperative Bank Peter Waldor & Associates, Inc. Renda Roads, Inc.

Accurate Reconstruction Environmental Designers Irrigation, Inc. Eosso Brothers Paving Felsen Insurance Services Giordano, Halleran & Ciesla, P.C.

Shivers, Gosnay & Greatrex, LLC South Shore Construction, LLC Suburban Consulting Engineers, Inc. Union Bank HOA Services

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CAI-NJ Hires New Manager of Membership & Marketing

Chelsea Donnigan has joined the CAI-NJ team as the new Manager of Membership and Marketing. Chelsea has returned to our field after taking a brief interlude as Senior Marketing Coordinator serving a different industry at Spiezle Architectural Group, Inc.

media and website management. All of these developed proficiencies will be implemented in her new role at CAI- NJ. In her position, Chelsea will be responsible for seeking and acquiring new members, assuring current member sat- isfaction, and managing day-to-day marketing operations and all comprehensive marketing and membership goals. In addition, she will be supervising the Partnership Program and the Ambassador Program. (For more information on either of these, or any other membership questions, please feel free to reach out to her directly: chelsea@cainj.org) Beyond the job, she loves country music (her dogs are named Dierks and Bentley), NFL football (go Cowboys), being at or near the beach, spontaneous dancing and exploring new places. She couldn’t live without coffee, dogs, or pizza. She currently resides in Beachwood with her fiancée and their two fur babies. Chelsea always has a smile on her face, so please don’t be shy and introduce yourself to her at the next event! n

Courtesy CAI-NJ.

Prior to departing the industry, she had earned the CAI Educated Business Partner distinction. Her experiences as well as her personal connections made through CAI-NJ have ardently and eagerly brought her back. Chelsea earned her Bachelor of Arts degree in Strategic Communication from High Point University in North Carolina. Over the years, she has gained extensive knowl- edge and experience in developing and maintaining client relationships, verbal and written communication, digital and print marketing, strategic planning and campaign development, event coordination and planning, and social

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TRENTON By Kayvon J. Paul, MBI-Gluckshaw

© iStockphoto.com

L eading up to the end of the budget session, politics in Trenton were dominated by state budget negotia- tions. State lawmakers met their constitutional obligation and passed a state budget by June 30th, when Governor Phil Murphy signed the budget sent to him by the State leg- islature. Senate President Sweeney and Assembly Speaker

ations. Additionally, he issued Executive Order No. 73 which directed the Office of Management and Budget to place over $200 million in discretionary spending into reserve, and to only be released if, sufficient revenues and assumed savings are realized. After the state budget passes, the State Legislature typi- cally breaks for summer recess although they can be called back into session at any time. New Jersey is only one of two states with off-year state elections. The State Senate is up for re-election every 4 years while the State Assembly, every 2 years. The members of the State Assembly have transitioned into campaign mode with all 80 Assembly seats being up on the ballot this year. This year’s election cycle will see some competitive races and potentially the election of a few new faces to Trenton. Following the elec- tion, the State Legislature will enter into “lame duck” where some legislators will be finishing their terms and others will have one last chance to push through their bills that haven’t CONT I NU E S ON PAGE 16

Coughlin decided not to include some of Governor’s Murphy’s key priorities such as the Millionaire’s Tax and Corporate Responsibility Fee in the final budget. On budget-related bills, the Governor has the authority to reduce or remove bud- get lines using a line item

“This year’s election cycle will see some competitive races and potentially the election of a few new faces to Trenton.”

veto. Governor Murphy used his line-item veto authority this year to strike approximately $48 million in appropri-

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shortens the time period within which a sheriff’s sale must take place after fore- closure judgment has been entered on a vacant and abandoned property. Additionally, the “New Jersey Common Interest Ownership Act (UCIOA)” has been moving in the State legislature which we hope will get passed before the session ends. With the passage of the foreclosure bill package and recent committee hearings on UCOIA, there is clear- ly an appetite for taking on issues that positively impact common interest communities in New Jersey. CAI-NJ LAC will continue to build our relation- ships with key legislators and com- mittee members to ensure that CAI is seen as the expert on issues surround- ing community interest communities. n

moved all year. Legislation not passed by early January will expire and have to be reintroduced when the new ses- sion begins soon after. Despite tensions between the Governor’s office and the State Legislature, CAI has been able to suc- cessfully move forward several key pri- ority initiatives. Recently, the Governor signed a package of foreclosure reform bills that were a top priority for CAI. These new laws make the following changes: extends common interest com- munity lien priority to homeowner asso- ciations, extends the one-time, six month lien priority to an annual, six month lien priority for a maximum of five years, and

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NEW JERSEY FORECLOSURE REFORM IS FINALLY ACHIEVED By Thomas C. Martin, Esq., Member, Legislation Action Committee, Partner, Price Meese Shulman & D’Arminio, P.C.

A fter several years working for New Jersey com- mon interest communities, we are very pleased to report that the Community Associations Institute and the members of the Legislative Action Committee have achieved the critically important task of getting leg- islation passed to address and correct the woeful state of the foreclosure process in New Jersey. Two landmark foreclosure reform bills favorable to common interest communities in New Jersey (A5002/ S3414 and A5005/S3413) have been recently signed into law by the Governor at a special signing session in Atlantic City on April 29, 2019.

The law in New Jersey now extends common interest community maintenance fee lien priority to cooperatives and to homeowner associations (whereas up until now it only applied to condominiums). This law now also extends the prior one-time 6 month maintenance fee lien priority to an annual recurring 6 month maintenance fee lien priority. Moreover, the recurring super-priority is also extended to allow for reimbursement of reasonable counsel fees in an amount to be determined by a Court. It is well known that a foreclosure in New Jersey can take several years. New Jersey has been a unique standout in the lengthy foreclosure process. Because

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some owners are not paying the mort- gage, they also are not paying the maintenance fees either. Of course, an association’s annual budget is based on the annual operating costs divided by the number of units. Those numbers account for the maintenance fee per unit. Unfortunately, even when your asso- ciation has just one unit in foreclosure and not paying the maintenance fees, the net effect is all of the paying unit owners are burdened with the additional obligation of paying more to make up the difference. This is particularly frustrating because by law the Association has no recourse to foreclose over the bank. Prior law which existed for many years provided for a one-time 6 month maintenance fee super-priority. Thus, at the conclusion of the foreclosure pro- cess, an association would be entitled to only six months of the maintenance fees over the bank. That was it. Perhaps that remedy was palatable when, over a decade ago, a foreclo- sure lasted approximately 12 months (more or less). Nevertheless, the old six month limited priority became completely unworkable in today’s reality where even a simple uncontested foreclo- sure can last 5, 6, 7 years or more. Frustration builds and demands a leg- islative remedy when all of the paying unit owners are paying more to carry the budget for the non-paying owners. Now, under the current recently passed law, the association is entitled to recover six months of maintenance fees for every year the foreclosure lasts. While not perfect in every way, this is a major achievement meaning CONT I NU E S ON PAGE 28

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when a foreclosure last 5 years (which is common) the Association can recov- er 2 ½ years of maintenance, plus a reasonable counsel fee instead of only six months of maintenance fees and no recourse to seek a counsel fee reimbursement. The prior law was inadequate in today’s environment of foreclosures last- ing several years as the annual budget was continually broken through no fault of the paying unit owners. Now, with the recurring annual 6 month priority, a foreclosure lasting several years is not a “budget busting” event. Your association should check with your legal counsel for details and spe- cifics about this groundbreaking new law and how it may apply to your association. In addition to the recurring annual priority for maintenance fees, another new law, A5005/S3413, signed on April 29, 2019, now shortens the time period within which a sheriff’s sale is required to be held and conducted “The prior law was inadequate in today’s environment of foreclosures lasting several years...”

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after the foreclosure judgment has been entered on vacant and abandoned properties. This law now requires more expedient sheriff’s sales in order to con- clude the foreclosure process. The new law addresses the recurring problem where, for example, a final judgment is entered by the Court but a sale is delayed, adjourned or resched- uled, sometimes for several months at a time. All the while, as each month of delay accrues the paying unit owners are still paying higher maintenance fees to make up for the always recurring sort fall. This completely unfair and continuing delay was having the effect of essentially stopping the foreclosure process. The new law now shortens that time period and sets out certain mandates for the timing of the sheriff’s sale in order

to advance the process and bring real foreclosure relief to reduce the burdens on the paying unit owners. Certainly, there were “well healed” interests in vehement opposition to these common sense reforms. For sev- eral years there was substantial oppo- sition to our efforts at achieving real- istic and legitimate reform. Members of the Legislative Action Committee devoted very substantial portions of their professional and personal time and expended resources to make realistic foreclosure reform a reality for our membership. Most of the other states have already addressed the “mortgage meltdown” head-on and passed laws years ago to expedite the foreclosure process. As a result, most of the other states already reduced their foreclosures

to pre-meltdown levels within only a few years. On the other hand, poor legislation and short-signed court rul- ings have needlessly extended New Jersey’s mortgage crisis. In New Jersey, it has been more than a decade since the mortgage crisis began in 2006. With these two real world legisla- tive solutions, New Jersey has finally taken a big step forward in conclud- ing the mortgage crisis. As members of the Community Associations Institute, we all need to remain continually vigilant in order to protect and preserve our rights and the rights of our communities. After all, for many of us, the unit (and depending on your association) the land and common elements are our biggest investment and it needs to be protected. n

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Update on Legislation Regarding the Installation of CAR CHARGING STATIONS in Common Interest Communities By Matthew Z. Earle, Esq., Kates, Nussman, Ellis, Farhi & Earle, LLP

© iStockphoto.com

E lectric vehicles (“EVs”) are becoming more prevalent every day, and when the owner of a unit in a com- munity association purchases an EV, that purchase is often coupled with a request to the association to install an EV charging station. While many communities have embraced the installation of charging stations, in some communities, there may be significant technical concerns regarding whether a community’s common electrical infra- structure can support the increased electrical loads caused by these systems. Indeed, if the load capacity of a common electrical infrastructure is exceeded, it may result in “brown- outs” and other power-related issues. Usually, a load study performed by an electrical engineer is necessary to ensure that the installation of a charging station will not create any adverse impacts. A request to install a charging station also raises various practical questions, such as: 1. Who should pay to install, maintain, and remove the charging station?

2. How can the community association be protected from a loss caused by the charging station? 3. Where should the station be installed? 4. Whether accommodations should be made to those with EVs to install car charging stations in areas closer to structures that are more suitable to the expansion of the electrical infrastructure. 5. How does all of the above fit within the scheme created by the association’s governing documents? Notwithstanding those concerns, the State Legislature has been moving forward on legislation that, in essence, requires associations to permit owners to install charging stations both in assigned and common area parking spots. On March 25, 2019, the Senate passed bill S2421 relating to charging stations in common interest communities (“CICs”) which, in its current form is opposed by CAI-NJ’s Legislative Action Committee (the “LAC”). The Assembly counterpart, A1030, is out of committee. While the LAC CONT I NU E S ON PAGE 32

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