Community Associations Should Take Advantage of New, Increased Lien Priority Legislation

On April 29, 2019, Governor Murphy signed into law a package of foreclosure bills designed to help owners keep their homes, shorten the time a house sits vacant, and prevent abandoned properties from becoming eyesores. Of specific interest to community associations was the expansion of the statutory “lien priority.” The new law now provides that both condominium and homeowner associations are eligible to receive a six-month “rolling” lien priority. This means that instead of having a priority for only six months of assessments, an association may be eligible to claim a six-month priority for every year that it has a recorded lien (up to five years).

Hill Wallack LLP announced today the growth of its Community Associations Practice Group, adding three leading attorneys, Gregg A. Shivers, George C. Greatrex Jr., and Jennifer A. Webb. This group provides counsel to condominium and homeowner associations, cooperatives, and real estate developers, working closely with association governing boards and committees, management companies, and other professionals to ensure proper and cost-effective operations throughout New Jersey and Eastern Pennsylvania.

Located at Cherry Hill Plaza, this new team and location have expanded the firm’s presence in southern New Jersey, joining offices in Red Bank, New York, Princeton, and Cedar Knolls. Ronald L. Perl, Partner-in-Charge of the Community Associations Practice Group, stated, “This is a very exciting opportunity for all of us, as we will easily be the state’s most geographically dominant community association practice. In my view, we are leaders in terms of talent as well, and now with George and Gregg aboard, we will seek to continue our group’s expansion throughout the entire state.”

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 Jessica Baker, Esq.

The laundry room can be the most dangerous room in your home. While a clothes dryer does not seem threatening, according to the National Fire Protection Association, it is the cause of approximately 15,000 house fires each year totaling millions of dollars in damage.

Dryer lint is very flammable. It quickly accumulates inside the dryer vent and ductwork, putting your unit and potentially the entire community at risk. In addition, dryer lint buildup reduces airflow, increases costs, and can lead to mold and mildew. To prevent this, dryer vents and ducts should be cleaned on a regular basis.

Community associations have a legitimate interest in making sure that all the dryer vents in their communities are properly maintained. The relatively minor cost of having a professional clean a dryer vent and ensure it is in working order can help prevent significant damage to the community.

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.