LEGISLATIVE UPDATE
APRIL 2003
by Mike Pesce,
PCAM
In the ebb and flow of legislative activity, the just-concluded month of March was actually a slow month. I therefore thought I would take this opportunity to recap the status of the various legislation which CAI is either endorsing or monitoring closely.
General agreement has now been reached on a comprehensive package of reforms of existing legislation governing community associations. This compromise was reached through the efforts of CAI, the New Jersey Department of Community Affairs and the Common Interest Homeowners Coalition (CIHC). At the present time, these various compromises are now being formatted so as to be incorporated into the body of the initial UCIOA statute, which as many of you know, is a uniform statute already existing in a number of states. While the New Jersey form will have significant differences from the national model, those differences will be incorporated into the uniform framework. Efforts are also under way to handle the political aspects of then seeking passage of this comprehensive legislation, including selection of sponsors, etc. Although much remains to be done, I wish to again acknowledge the efforts of the UCIOA strategic implementation, committee, including Dave Ramsey, Dennis Casale, Ron Perl, Paul Santoriello, and Curt Macsyn. All have contributed many hours and effort to this process.
CAI continues to support and seek movement on these bills, which would add fire hydrants to those items that municipalities must either maintain or pay for under the municipal services act which went into effect approximately 10 years ago. While the need for this remedial legislation is compelling, as proper maintenance of these hydrants directly affects public safety, CAI also recognizes that imposing additional burdens on municipalities in this era of budget problems will not be easy.
This bill, called the Contractors Registration Act, has passed the Assembly and is now pending before the New Jersey Senate. It would require contractors working on residential properties to be registered with the State and to have minimum insurance in place, etc. Through the efforts of CAI, the bill contains an exemption for employees working directly for community associations. This will avoid, for example, the superintendent of a condominium association having to register as a contractor to work for the association.
This bill, which I reported on in my last update, initially prohibited municipalities from prohibiting or limiting the display of the American flag. It was thereafter amended, in committee, to also apply to community associations, and to further prohibit such associations from adopting any rule which would violate state law if adopted by a municipality. CAI continues its efforts to seek limiting language, while still promoting the right of owners within community associations to display the American flag.
This bill, which would mandate odd-even lawn watering, even in the absence of a drought, was voted out of Assembly committee and is now pending for an Assembly floor vote. Through the efforts of CAI, the language concerning how the odd-even system would work has been clarified. As initially drafted, it provided that homes on one side of the street could water on odd days and on the other side on even days. We pointed out that such an arrangement does not work in many community associations, where homes on both sides of the street may be serviced by the same clock and irrigation zone, making it impossible to turn on one without the other. In return, the bill has been amended to allow communities to alternate by street, rather than by side of the street. Our members have noted that this doesn’t solve all the problems either, because zones may well bridge two streets, and we are now seeking further flexibility in the implementation of this plan should it be enacted.
This bill, which has been voted out of the Senate Appropriations Committee, would require firewalls to be installed in the attics of certain multiple dwellings. This bill is extremely confusing, and it is not at all clear if any community associations would be affected by it. Comments made by the sponsor and others at the Appropriations Committee hearing on this bill only further clouded the issue. As a result, CAI’s representatives met with the Democratic leadership staff in the Senate in early March to express our position on the bill. In short, it is CAI position that no retrofitting should be required of existing buildings to install firewalls in attics that do not now exist. Such a requirement became mandatory for new construction in the 1970’s, while that code specifically declined to impose a retrofitting requirement on pre-existing buildings. It is CAI’s position that that policy was appropriate then and continues to be today. Efforts will continue to cause this position to be reflected in the legislation.