Governor Murphy just signed into law an important bill that directly impacts the rights of community associations in the developer transition process in New Jersey. We are pleased to report on this new law as it will benefit our common interest community clients going forward, especially those in the developer transition process, and in that regard we commend the CAI Legislative Action Committee-NJ for their efforts to initiate, support and advance this bill into law.
As of November 30, 2021, your community associations demand letters may look slightly different. As of that date, new regulations went into effect regarding the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. § 1692 et seq.
Since 1977, the FDCPA has regulated “debt collectors” who regularly attempt to collect debts owed by consumers to third parties. While association fees/assessments are considered “debts” under the FDCPA, associations and management are not considered debt collectors (at least in New Jersey). However, attorneys engaged to collect these debts are considered debt collectors and, as such, must comply with the FDCPA.
Written by: Gregg Shivers, Esq.
With the passage of the immunity bill for community associations, boards are quickly and enthusiastically returning to business as usual. As part of that movement, some associations are scheduling bus trips, holiday parties and other off-site activities. It is important to remember that the limited immunity provided by this new law only applies to exposures to COVID-19 on the premises of the Association. The purpose of the bill was to allow associations to safely open their pools and clubhouses and was not meant as a blanket immunity. Therefore, your association is not protected against COVID-19 claims by insurance or the immunity law for off-site activities.
With the number of new cases, hospitalizations and deaths increasing again, any Board planning an off-site activity should consider their decision carefully. At the very least, you should require participants to sign a waiver; however, keeping activities on-site is the best course of action.
Also, remember that unless the immunity law is extended by the legislature, it only covers exposures through December 31, 2021. You should keep that in mind when planning your winter calendars.
If you have questions about how this immunity law affects your community, or have any other issues with your community association, please contact one of our community association attorneys.
Written by: Loren Lightman
On May 19, 2021, the New Jersey Department of Health issued updated regulations applicable to indoor and outdoor community association pools. The most significant change from prior regulations is that both indoor and outdoor pools are no longer subject to percentage based capacity limits; rather, the regulations require measures are taken to ensure that “patrons or groups of patrons” can maintain a 6-foot distance from other patrons both in and out of the pool which are to be incorporated into the Covid-19 Pool Operation Prevention Plan (CPOPP) submitted by the association to the local health authority.
The Governor announced today that a number of restrictions will be modified as of May 19. However, he noted that we would be receiving details from the New Jersey Department of Health (DOH) regarding some of these changes. As usual, we will need to see those details before we can take specific actions, especially in regard to swimming pools and gyms. Here are the highlights as they pertain to community associations:
Written by: Ronald L. Perl
With more favorable infection numbers and the increasing number of vaccinated individuals, the Governor is raising the limits on indoor and outdoor gatherings as of Friday, March 19th.