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Burlington County, has introduced A-3900 which pro-
vides for a gross income tax deduction for homeowner’s
payments of HOA and condo assessments. The CAI is
supporting this bill.
True or False –
Your association covenants
can prohibit ham radio antennas on common
ground or lots.
True (for now),
but HR 1301, also called the Amateur
Radio Parity Act, would require associations to allow ham
radio communications and installations within their proper-
ties without regard to architectural review procedures. The
LAC (NJ and national) has opposed this bill and was able
to have it amended to continue to prohibit antennas in com-
mon areas and to permit associations to enact reasonable
limits on antennas on homeowners’ lots.
True or False –
Thanks to your covenants, your
association may prohibit all political signs
during election season.
False –
While your covenants may clearly prohibit any
signs on lots or common grounds, the New Jersey Supreme
Court case of Mazdabrook has overturned those bans. So
what does the 2012 New Jersey Supreme court ruling mean
to us practically? In short, an HOA rule banning all political
signs is unconstitutional and unenforceable. However, an
HOA rule reasonably restricting the posting of political signs,
such as allowing one or two standard size signs to be dis-
played in the window or door of a condo or townhome for
a month or two before the election until the day after the elec-
tion, would likely be found constitutional and thus enforceable.
True or False –
If your community suffers from
a major disaster like Hurricane Sandy, your
association will be able to receive state grants
to rebuild common infrastructure.
False (for now) –
However, the LAC supports the
Disaster Assistance Equity Act of 2015, sponsored by Rep.
Steve Israel (D-NY), which amends an earlier disaster relief
act. The bill would correct an inequity by which HOAs and
condos can receive disaster loans, but not grants.
True or False –
You must provide “Bear Proof”
trash containers if a black bear has been spot-
ted in your municipality.
False –
in part thanks to LAC. The LAC strongly
opposed a proposed state law that would have required
homeowners and associations to provide bear proof trash
containers throughout most of the state. The legislation is no
longer under consideration.
True or False –
The Municipal Services Act
(Kelly Bill) helps prevent residents of common
interest communities from paying double for
municipal services.
True –
The Kelly Bill covers removal of snow, ice and
other obstructions from the roads and streets; lighting bills
of the roads and streets, and collection and disposal of
leaves and recyclable materials, as well as solid waste
along the roads and streets. However, the bill is 25 years
old and the LAC is working with state legislators to update
the services provided under the bill, including providing fire
hydrant services.
True of False –
Amicus curiae are stars in the
Broadway show Hamilton.
False –
“Amicus curiae” means “friend of the court”
in Latin. The LAC filed an amicus curiae brief in the
matter of In re: Rones. In February 2016, the U.S.
District Court for New Jersey held that liens filed by
condominium associations are protected from modifi-
cation. A member of the NJ LAC filed the brief which
helped the court reach that conclusion which is very
important to condominium associations. The Supreme
Court concluded that “[t]he Bankruptcy Court erred in
treating the Association’s lien as a ‘wholly unsecured’
claim which could be stripped off (either in whole or in
part); instead this Court finds that the lien was partially
secured by a security interest in the debtor’s principal
residence.” While this ruling only applies to condo-
minium associations, the precedent is important for all
common interest communities.
QUIZ...
from page 21.
CONT I NU E S ON PAGE 24