By: George C. Greatrex, Jr.

The Failure of a Condominium Association, Cooperative, or Mutual Housing Corporation to Apply for an Exemption to the DCA’s Housing Inspection Obligation Can Be Costly

The Bureau of Housing Inspection, a division of the New Jersey Department of Community Affairs (DCA), is charged with administering the New Jersey Hotel and Multiple Dwelling Law. This law requires the Bureau to conduct periodic inspections of these properties in order to ensure that multiple family buildings of four (4) or more dwelling units are properly maintained and do not pose a threat to the health and safety of its residents. Condominium associations, cooperatives, and mutual housing corporations are considered multiple family dwellings for purposes of this law and these inspections.

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.

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.

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.

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.