New Law Mandates Flexible DCA Inspections For Multiple Dwellings

Posted by on Aug 27, 2019 in DCA, Legislation

By Loren Rosenberg Lightman, Esq.

A new law amending New Jersey’s Hotel and Multiple Dwelling Law changes the schedules for inspections of multiple dwellings throughout the state. While a primary purpose of the law is to allow for flexible inspections for substandard apartment buildings, the law also encompasses multiple dwellings including condominiums and cooperatives. This flexibility is potentially good news for some multiple dwelling owners and perhaps not as positive news for others.

Prior to the amendment, the New Jersey Department of Community Affairs (DCA), Bureau of Housing Inspection inspected multiple dwellings in the state every five (5) years. Depending on the findings from the initial inspection, there would either be a follow-up inspection or there would not be another inspection until the next 5-year cycle. Under the new law, there is now a “flexible” inspection process that will potentially lessen the frequency of multiple dwelling inspections. The law goes into effect immediately and is applicable to the next new inspection cycle for each multiple dwelling.

Read More

Client Alert: Hill Wallack Responds to the DCA’s Proposed Radburn Regulations

Posted by on Aug 9, 2019 in Board Meetings, DCA, Elections/Voting, Legislation

By Ronald L. Perl, Esq. CCAL

The New Jersey Department of Community Affairs has proposed new regulations to implement the “Radburn Act,” which was enacted in 2017 to address procedures for board elections and voting participation rights in community associations. The proposed regulations would have a significant impact on the way associations conduct elections and tally votes as well as other issues, including board decision making on confidential matters.

Hill Wallack submitted a comment letter on behalf of its clients, with suggested changes to a number of proposed regulations. Click here to view a copy of Hill Wallack’s comments. Comments received by the DCA will be considered by that agency and it is anticipated that the final rules will be adopted and published in the coming weeks.

To read all of the proposed regulations, click here.

For more information on this or any other issue concerning your community association, please contact one of our Community Associations attorneys. For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw, on Facebook at: njcondolaw, and on LinkedIn at: Hill Wallack Community Association Attorneys.

Read More

New Jersey Division of Fire Safety Adopts New Regulation Requiring Use of 10-Year Sealed Battery Smoke Alarms

Posted by on Jul 9, 2019 in DCA, Legislation, Safety

By Caroline Record, Esq., CCAL

Effective January 1, 2019, the New Jersey Uniform Fire Code, State Fire Prevention Code, was amended to require that all multiple dwellings have an approved 10-year sealed battery single station alarm installed. The proposed reason for this change is that a battery cannot then be used for another purpose, or not changed for an extended period of time, thereby reducing the number of non-working smoke alarms in a building. Thus, any existing smoke alarms that may use a 9-volt battery must be replaced with a 10-year sealed lithium battery type alarm. If the smoke detector is hard-wired, it will not have to be replaced. Likewise, any carbon monoxide detector does not need to be replaced unless it is combined with a non-hard-wired smoke detector.

After January 1, 2019, the Department of Community Affairs (DCA) will be citing those units which do not have the new, required alarms, during its 5-year inspections. Therefore, all unit owners must be advised that their smoke alarms must be replaced. In addition, upon the resale or rental of a unit/home after January 1 date, the new smoke alarms will be required.

For more information, please click here to read the DCA press release.

For more information on this or any other issue concerning your community association, please contact one of our Community Associations attorneys. For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw, on Facebook at: njcondolaw, and on LinkedIn at: Hill Wallack Community Association Attorneys.

Read More

Join Us at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015!

Posted by on Apr 26, 2015 in Alternative Dispute Resolution, Architectural Controls, Assessments, Board Meetings, Books and Records, Collections, Contracts, DCA, Disability Accommodations, Fair Housing, FDCPA, FHA, First Amendment Rights, Foreclosure, Municipal Services Act, New Jersey Cooperator

Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey.

Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team at Booth 600.

For more information or to register to attend, click here!

Read More

NJ Division on Civil Rights Issues New Disability Accommodation Fact Sheet for Housing in Community Associations

Posted by on Aug 26, 2014 in DCA, Disability Accommodations, Fair Housing, Legal Decisions, Legislation

By Jonathan H. Katz, Esq.

On August 21, 2014, New Jersey’s Office of the Attorney General, Division on Civil Rights (the “DCR”) released a “Fact Sheet,” which addresses disability accommodation rights for “owners and occupants of condos, cooperatives, and other common interest communities governed by a homeowners’ association or similar entity.”

The Fact Sheet is the result of a statute, N.J.S.A. 45:22A-48.3, recently enacted, which requires the DCR, in consultation with the Department of Community Affairs, to post information on its website explaining disability rights under New Jersey’s Law Against Discrimination (“LAD”).

The Fact Sheet discusses a variety of issues related to the rights of persons with disabilities under the LAD, including examples of what will constitute a reasonable accommodation and/or a reasonable modification. The Fact Sheet also includes a section focused on assistance animals, such as service dogs, guide dogs and emotional support animals. Finally, the Fact Sheet provides information on how persons with disabilities can pursue a formal complaint if they believe their rights under the LAD have been violated by a board, association or other housing provider.

You can view the DCR’s Fact Sheet by clicking here.

For more information on this or any other issue concerning your community association, please contact one of our Community Associations attorneys. For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw.

Read More

Join Us at the 2014 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 7th

Posted by on May 6, 2014 in Alternative Dispute Resolution, Architectural Controls, Board Meetings, Books and Records, Collections, Contracts, DCA, Disability Accommodations, Fair Housing, FHA, First Amendment Rights, Foreclosure, Insurance, Lease/Rental Restrictions, Legal Decisions, Legislation, Municipal Services Act, New Jersey Cooperator, Speaking Engagements

BoothLogo (03361700)Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2014 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 7, 2013, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey. Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team.

Hill Wallack LLP Partner Caroline Record, Esq. is among the featured panelists of experts at the Educational Seminar titled “Breaking Bad – The Insiders Guide to By-Laws & Rules.” This seminar will discuss how by-laws and rules are the keys to maintaining a harmonious community, provided that they are reasonable and properly enforced. The panel will discuss the keys to drafting, enacting and enforcing by-laws and house rules. Topics to be explored include when to change by-laws/rules; the proper and legal method of changing them; the role of your association’s attorney; how your governing documents affect by-laws/rules, and much more.

For more information or to register to attend, click here!

Read More
Facebook