April 10, 2020
Associations Need Time to Comment on Proposed Collection Legislation
I write to follow up on my April 3, memo suggesting assessment forbearance agreements for certain Association Members. Late in the day yesterday State Senators Joseph P. Cryan and Nellie Pou introduced Senate Bill S2330; State Assembly Members Mila Jasey, Verlina Reynolds-Jackson and John McKeon introduced Assembly Bill A3908. The Senate and Assembly Bills are identical for the time being. A copy of Senate Bill S2330 may be found here: https://www.njleg.state.nj.us/2020/Bills/S2500/2330_I1.PDF
The proposed legislation will impact Association cash flow. It could make it more difficult or impossible for Associations to perform their critical functions. It could make it more difficult or impossible for Associations to pay the individuals and small businesses Associations employ.
There is speculation that these bills may be voted on this Monday, April 13, 2020. The timing of this proposed legislation is a great concern. Among other things, Passover, Good Friday and Easter have justifiably drawn Association Members’ attention to family and spiritual commitments.
Assessment revenue is the lifeblood of every Community Association. There should be adequate time for Association Members and others to consider and comment on this legislation. To a degree, the crisis has already hobbled collection efforts.
We have advocated forbearance agreements and encouraged flexibility. We continue to do so. We ask that you reach out to your State Senators and Assembly Members and request that they not vote on this proposed legislation until Association Members and others have had time to consider and comment on it.
You may find your legislators by clicking here https://www.njleg.state.nj.us/members/legsearch.asp