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Legislation
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A New Jersey Homeowner Association Bill Announcement
"We have crafted a bill, recently passed by the Assembly by an overwhelming margin of 65-to-7, that is based on a successful model adopted by 16 states"
August 19, 2005
By
Wilfredo Caraballoo & Joseph V. Doria Jr.
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| Trenton, New Jersey - The following is an announcement New Jersey from Assemblymember Wilfredo Caraballo a Democrat who represents Essex County. and Senator Joseph V. Doria Jr., a Democrat, from Hudson County about their homeowner association bill (S-2344 and A-3855) they are attempting to pass for New Jersey homowners
Law would help balance the rights of condo owner, community board
Home ownership is an important part of the American dream. In New Jersey's 566 municipalities, planned communities, cooperatives and condominiums, more commonly known as homeowner associations, are unique forms of homeownership.
Community associations exist because they offer their members choices, lifestyles, amenities, efficiencies and, most importantly, the nurturing sense of real community. Nationally, more than 54 million Americans enjoy the benefits of living in common interest communities. In New Jersey, 1.2 million residents reside in 6,000 to 7,000 communities.
Although according to a Gallup poll more than 75 percent of American homeowners expressed satisfaction with their homeowner association, the reality is that associations face complicated issues, none of which is more common than the challenge of balancing the best interests of the entire community with the preferences and needs of individual residents. Striking the proper balance between the rights of homeowners and the communal responsibilities of their elected governing boards is critical to ensuring the future of residential community associations.
Homeowner associations are plagued by a lack of uniform guidelines. This void exacerbates many of the challenges facing these communities. In addition, clear delineations between the rights of unit owners and the rights of their association boards do not exist. When confusion and uncertainty reign, conflicts develop and trouble ensues.
To address these issues, we have crafted a bill, recently passed by the Assembly by an overwhelming margin of 65-to-7, that is based on a successful model adopted by 16 states. The bill (S-2344/A-3855), consolidates all of the laws applicable to New Jersey's common interest communities, provides numerous protections for homeowners, and clarifies the powers of community association boards.
This bill, the New Jersey Uniform Common Interest Ownership Act (UCIOA), establishes a consistent set of board powers and limitations that will apply to all associations, thereby ending confusion over the rights of boards. Some of the issues addressed are the ability to borrow money, grant easements over the common property, and adopt rules and regulations governing certain types of negative behavior. Unit owners will benefit from this new-found clarity that addresses the powers and limitations of the homeowner association boards that are elected.
While disputes are an inevitable byproduct of community life, UCIOA creates a balanced and detailed approach to dispute resolution. The UCIOA dispute process begins with mediation and ends with either binding or non-binding arbitration. Although disputes occur, they do not have to become intractable. This bill creates the infrastructure for fair and expeditious dispute resolution.
There is no representative body more local and accountable than the officers elected by their neighbors to the governing boards of their homeowner associations. While community managers and other professionals often provide critical support to associations, it is volunteers, elected by their neighbors, who ultimately are responsible for preserving the community, meeting the expectations of neighbors, and protecting property values. It is critical, therefore, that owners feel their association board elections are fair and transparent. UCIOA provides these guarantees and mandates that elections be run by a committee of independent unit owners or qualified organizations designated by the state Department of Community Affairs.
Most importantly for residents of association-governed communities, UCIOA sets forth a homeowner "bill of rights" that closely regulates that levying of fines, limits the association's access to units, mandates the opening of executive board meetings to all members, allows access to association records, requires certain contracts to be bid, and gives enforcement powers to Community Affairs in the event that a law is violated. UCIOA memorializes these rights, a step that is long overdue.
New Jersey residents have a right to live in communities that are governed fairly and responsibly. Unit owners place their faith and trust in the neighbors they elect to their governing boards. Without creating a burdensome level of governmental oversight, UCIOA represents a balanced method to community association governance.
By consolidating the laws governing New Jersey's homeowner associations and balancing the rights and responsibilities of owners with the rights and responsibilities of associations, UCIOA provides a solid foundation for the future growth of common interest communities. With the passage of the bill in the Assembly, and a vote on the horizon in the Senate, we are hopeful that UCIOA will soon be signed into law, thereby guaranteeing that these communities will continue to flourish. |
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Submitted Files
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Filename
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Description
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File Type
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File Size
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Click to download
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S2344I1.PDF
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S 2344 New Jersey Homeowner Association Bill by
Doria, Joseph V. and Asselta, Nicholas
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PDF document, version 1.2
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392KB
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Download
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3855I1.PDF
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A 3855 - March 1, 2005 - New Jersey Homeowner Association Bill by Caraballo, Wilfredo , Biondi, Peter J. ,
Wisniewski, John S. , Gordon, Robert M. as Co-Sponsor
Chivukula, Upendra J.
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PDF document, version 1.2
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393KB
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Download
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