Recent Changes to New Jersey’s Public Recreational Bathing Facility Code Will Impact All Community Associations

The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1, et seq., (“Bathing Code”), has changed as of January 16, 2018 and all pools in community associations with three or more dwelling units will be impacted.  Some of these changes are minor and most community associations will have no difficulty adapting to them. Other changes will result in increased costs to pool vendors, which may be passed onto the association. A few of these new requirements will require substantial unexpected and unbudgeted costs to associations. There may even be some confusion regarding who is obligated to comply with the Bathing Code.   Read the article…………….

Swimming In The Deep End – How Amendments To The New Jersey Public Recreational Bathing Code Will Affect Your Community Association

Without much publicity or fanfare, new rules and regulations updating the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26, became effective on January 16, 2018. If you live in a community association with a pool, these new rules and regulations will have a significant impact on opening and operating your pool this coming season. These are the most sweeping and important changes that have been made in a number of years, so managers and board members will need to pay close attention.

Challenges In Finding Temporary Homes For Griggs Farm Residents (NJ)

Nearly six weeks after the tragic December 27 fire at Griggs Farm, the 34 displaced residents are transitioning from emergency housing to temporary housing. They working closely with the non-profit Princeton Community Housing (PCH) and the Human Services Department (HSD) of the municipality of Princeton to identify places to live for the next 10-12 months while their homes are repaired.  While some displaced residents have been staying with family or friends, PCH has been voluntarily paying for emergency housing for the remaining majority at an extended stay hotel. Challenges remain for identifying temporary housing.     Read the article………………

Ramapo Mountain Lakes: New legislation could help association’s case, attorney argues (NJ)

New state legislation governing homeowners’ associations could strengthen an Oakland association’s claim that 1,645 borough residents owe it back dues, according to an attorney for the group.  Attorney Eileen Born is seeking to amend a 2016 lawsuit filed by Ramapo Mountain Lakes, Inc., to include changes passed in November to the Planned Real Estate Development Full Disclosure Act. The changes state that all unit owners in an association are members of the entity, and that provisions of the act can be applied to associations created before 1977, when the legislation was first adopted.       Read the article………………

Lakewood’s Eagle Ridge Golf Club: Lawsuit fights houses, says town screwed up master plan (NJ)

A group of residents here has filed a civil lawsuit alleging township leaders mishandled a months-long planning process that has threatened to turn Eagle Ridge Golf Club into a 1,000-home complex.  A lawyer for the Fairways at Lake Ridge Homeowners Association, which filed the case, said the township’s planning board and committee violated state law when adopting a master plan last year.  Instead, the board members played to developers’ interests, lawyer Michele R. Donato said Wednesday.    Read the article……………….

New Jersey Condominium Act Establishes Association’s Duty To Residents

In a December 29 decision, the New Jersey Appellate Division has held that not only does a condominium association have a statutory duty to maintain the common areas of the condominium, but also that this duty includes the identification and correction of dangerous conditions. Further, this duty extends to residents regardless of whether they are characterized as licensees or invitees.  In Lecher v. 303 Sunset Ave. Condominium Assoc., Inc. and Townsmen Properties, LLC, plaintiff (a condominium resident) purchased a unit from the developer in 2008. In 2014, as the result of a fall down the center of the condominium’s extra-wide (158 inches) staircase, plaintiff suffered a fractured calcaneus (heel bone), which required surgery. In spite of the width of the staircase, it had no center handrail.     Read the article………………..

Zombie Foreclosure Legislation is Scheduled for a Vote on Thursday, January 4, 2018! (NJ)

Assembly Bill No. 3823 is scheduled for a vote before the New Jersey General Assembly on Thursday, January 4, 2018. This proposed legislation seeks to amend the law, which currently allows for an expedited mortgage foreclosure process (although not mandatory) for vacant and abandoned (“zombie”) properties. Specifically, this legislation proposes to allow community associations to either: (1) compel payment of association fees by the mortgage lender when the lender fails to proceed with the foreclosure process on a vacant and abandoned property in an expedited fashion; or (2) compel the appointment of a fiscal agent (receiver) over the abandoned property.     Read the article…………….

Duty of Care Existed for Condo Association in Case of Missing Handrail, Court Says (NJ)

A New Jersey appeals court ruled that a condominium association’s duty to ensure that common areas are kept in safe conditions included the use of a center handrail on a wide staircase, and didn’t hinge on the plaintiff’s legal status.  A three-judge Appellate Division panel, in Lechler v. 303 Sunset Avenue Condominium Association, said an association can be held negligent if a unit owner is injured because of a dangerous condition in a common area, “and that duty extended to residents of the condominium building, regardless of their characterization as licensees or invitees.”