Written by: Jonathan H. Katz, Esq.

On February 22, 2021, Governor Murphy signed into law the long-awaited cannabis legislation, which legalizes the consumption of lawfully possessed cannabis items and provides for the regulation of cannabis use and possession for individuals twenty-one (21) years and older. Many provisions in the law will not become operative until the newly formed Cannabis Regulatory Commission adopts rules and regulations to guide licensing of new businesses, workplace drug testing, and funding for community programs. And until that happens, there will not be legal marijuana sales in New Jersey.

Written by: Jonathan H. Katz, Esq.

On October 19, 2020, Governor Murphy signed into law legislation that establishes standards regarding electric vehicle (“EV”) charging stations in all New Jersey common interest communities. This comprehensive legislation prohibits community associations from unreasonably restricting EV charging infrastructure and establishes standards to encourage associations to allow for the installation, use, and upkeep of EV charging stations by owners. This legislation went into effect immediately on the date it was signed by the Governor.

George Greatrex, a partner of Hill Wallack LLP’s Community Associations practice group and Chair of the CAI Legislative Action Committee – NJ will be moderating the NJ-LAC Update webinar on Monday, July 27, 2020 I 12:00 – 1:00 p.m.

Join the upcoming virtual legislative update to connect with the experts about what’s going on in Trenton. This event, presented by the NJ Legislative Action Committee, will provide you with an insider’s view and the most up-to-date information on issues most important to Common Interest Communities in New Jersey.

TOPICS INCLUDE:

CIC Immunity from COVID19 Claims
►    Discussion of Proposed Legislation

Also Brief Updates on the Following Issues
►    Appeal of Radburn Regulations
►    Debt Collection Bills (S2330 & S2423)
►    Benefits Derived/ Adequate Reserves Regulations

Open To All Members and Non-Members. Click here to register.

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).

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.