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Homeowners Association Bill May Be Delayed Until Next Year
By Bill McLaughlin
As the end of another legislative session
approaches, the fate of Senate bill 1608 - the New Jersey Uniformed Common Interest Ownership Act (UCIOA) - has yet to be determined.
The state Assembly long ago passed its version, which differs somewhat from the Senate bill. Thus, anything the Senate passes would have to go to a bicameral committee to hammer out the differences before a final vote can be taken.
The Senate bill is co-sponsored by Joseph Doria (D-Hudson) and Nicholas Asselta (D-Cape May) and is an amalgam of the handful of proposals -most notably S805 from last year - bandied about the last two years. Although UCIOA was supposed to be on a clear path to passage earlier this fall, the measure just hasn't gotten through the legislative loop.
Many state Senators have been busy attacking other prominent questions of the day, including eminent domain, but probably will focus on the homeowners' legislation next year. Some believe that Senator Ron L. Rice (D-Essex) will introduce the current version again, possibly as early as February.
Rice has held hearings from one end of the state to the other, and believes he has the votes necessary to pass the legislation. Time is apparently running out this year, however, because five working days are required for noticing the public on a hearing. The legislature quits for the current session by mid-December, so a quick passage is unlikely.
Although the final bill has not been made public, advocates for passage said the bill contains an opt-in, opt-out provision and no assessment for those most affected by the bill.
Originally, legislation was written that would charge each unit of a condo or co-op association to fund the start-up and maintenance of an ombudsman's office to oversee those groups. That is apparently off the table, although an amendment could later be written to seek funding for the office.
A national conference on common interest housing is currently looking at alterations to the national Uniform Common Interest Act. As many opponents pointed out in recent years, what is the sense of passing a new law in New Jersey that would need immediate revision to conform to national codes when they are enacted next year?
Attempts to reach the management of CAI Inc., a national association in the business of managing common interest associations, for comment on this story were unsuccessful.
Senator Rice, who held hearings in Lakewood and Newark in the past month, did not return phone calls seeking his comments.
Rice has repeatedly said this legislation will be passed soon.
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