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Trenton, New Jersey - Following are excerpts from the report
The Assembly Task Force to Study Homeowner Associations was formed as a result of Assembly Resolution No. 92 of 1995 (Bateman/Kavanaugh), which passed the Assembly and was filed with the Secretary of State on June 30, 1995.
All of the 10 Task Force members were appointed by the Speaker of the General Assembly. Three members of the Task Force are members of the General Assembly; two are republican members and one is a democratic member. Seven members are public members and represent the following interests: one representing the interests of condominium management associations; one representing builders of planned real estate developments; one representing condominium associations; one representing associations governing units of town home construction; one an attorney with knowledge of housing and condominium laws; and two individuals with general knowledge of homeowner associations and their functions.
The mission of the Task Force, as defined in the resolution, was to study and make recommendations concerning the functions and powers of homeowner associations under which common elements or interests are shared, as established under the laws and regulatory scheme of this State, and any problems adhering thereto.
The recommendations contained within this report attempt to deal with the problems asserted by the public that testified before the Assembly Task Force to Study Homeowners Associations and other issues of which the task force had knowledge by virtue of its members expertise in community property matters.
The task force examined in depth whether the current statutory framework is adequate to guide association boards, community property management companies and homeowners in their daily interactions.
The testimony given to the Task Force by residents belonging to homeowners associations throughout the public hearings indicates that many residents feel that the balance of power hangs too heavily in the direction of the association board.
The testimony indicated that more should be done to safeguard homeowners rights of due process, including guidelines for fair elections of board members, open meetings and conflicts of interest. It was suggested that there is a need for procedures to promote active participation on the part of homeowners in decision-making on issues that affect their whole community, and to increase awareness on the part of board members and homeowners as to what responsibilities and rights they have upon becoming a board member or owner, respectively.
The recommendations contained within this report are aimed at making homeowners associations serve the best interests of the owners, thereby improving their lives and the quality of life in the community as a whole. |
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