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indemnification clauses in CIC contracts for snow removal.
Its companion bill, S181, passed the senate unanimously.
Please let your Mayors and other elected officials know
that they should fight this bill. The League was able to have
the bill amended to exclude local and state government
contracts for snow removal. The legislation is very unfair
to CICs and our local elected officials should support our
efforts to kill this legislation. You should also contact your
state Senator to voice your strong opposition to his vote for
the bill and also talk to your Assembly members to make
sure they oppose A3656. It benefits only snow removal
contractors and is very bad for HOAs; it may cause sig-
nificant increases in our insurance premiums. This means
that if a person sues the Association for injuries received
in a fall that resulted from the contractor’s negligent
removal of snow or ice, the Association would not be
able to require the contractor to indemnify (to reimburse/
hold harmless) the Association in such situations. Nor
MUNICIPALITIES...
from page 57.
could we pursue damage claims if they plowed down a
mailbox, or worse.
Living in a CIC gives us many ways to work positively
with our local government. All communities start with local
government approval of a developer’s subdivision plan.
Sometimes the community is completed without problems.
More frequently issues occur. I will use examples from my
community to show why good relations with the local gov-
ernment can be vital.
When Kara Homes declared bankruptcy in 2006, 143
of the planned 249 homes had been sold. Only two years
after final subdivision approval, the dream for a beautiful
community turned into a nightmare. Working with con-
cerned and cooperative township committee, Fernmoor
Homes bought the property and construction commenced
again. Without strong support from the elected officials,
the property is thriving again. The elected officials worked
closely with our executive board to make sure that a viable
developer took over the property. In June 2011, we pub-
licly recognized every mayor and committee member that
helped secure the developer.
CONT I NU E S ON PAGE 60