McGovern Legal Services’ attorney’s will be attending the 2022 CAI Annual Conference and Expo being held May 4th through May 7th at Rosen Shingle Creek Hotel in Orlando, Florida.  This conference is the industry’s largest event for community association managers, homeowner leaders and service providers.   There are educational seminars on topics that impact, influence and inspire your communities and business.

Click here for more information: https://www.caionline.org/Events/2022Conf/Pages/default.aspx

 

 

On January 18, 2022, Governor Murphy signed Assembly Bill No. 3950 requiring employers to provide written notice to employees prior to the use of tracking devices in vehicles used by employees. This act goes into effect on April 18, 2022. Click here to see bill A3950

The requirement applies regardless of who owns the vehicle. The law defines a tracking device as an electronic or mechanical device that is “designed or intended to be used for the sole purpose of tracking the movement of a person, vehicle, or device.” For example, GPS monitoring devices used exclusively to track an employee’s location are covered. The law does not apply to devices used for the purpose of expense reimbursement (e.g., a device that tracks mileage).

The law covers employers that have one or more employees in New Jersey, except for employers that provide public transportation. Employers do not have to comply with this law to the extent that doing so would violate a federal regulation.

Action Item
If you currently use tracking devices, tell affected employees about your practice in writing by April 18. After that date, be sure to provide written notice to new hires or other employees who will begin driving tracked vehicles. In both cases, keep a copy of the notice so you can demonstrate compliance. If in doubt about whether you are using a tracking device as defined by the law, we recommend you contact your association’s counsel.

There’s hope for renewed Association immunity legislation yet. On Monday, Assembly Bill 5549 was made law. Assembly Bill 5549 (https://www.njleg.state.nj.us/Bills/2020/A9999/5549_I1.PDF but note that the bracketed language is being deleted) provides that Associations may continue to have remote membership meetings even if there is no state of emergency so long as the Board authorizes and adopts guidelines and procedures governing such meetings. Association Counsel should assist in preparing the required guidelines and procedures.

Thanks to all of you and CAI-NJ’s Legislative Action Committee for continuing to advocate for legislation that is important to Associations. Keep up the good work! Hopefully renewed Association immunity legislation will be in place before pool season.

 

Be aware that, unless extended, the COVID-19 immunity law expires at the end of the day on December 31, 2021. Please continue to lobby your legislative representatives and the Governor’s Office to extend the immunity as proposed by CAI-NJ’s Legislative Action Committee. If the immunity is not extended, the Association should revisit its practices in light of the increased liability potential.

Today the New Jersey Assembly passed the COVID-19 Association Immunity bill (formerly A4979 now substituted by S3584).    On June 2, 2021, the New Jersey Senate passed the bill.  We look forward to Governor Murphy quickly signing the bill into law.  Thank you to NJ-CAI’s Legislative Action Committee and all of you who continue to support passage of this important legislation.  The text of S3584 may be found here   https://www.njleg.state.nj.us/2020/Bills/S4000/3584_I1.HTM

 

Managers Who Are Notaries Help Their Associations
A Notary Public witnesses the signing of documents and acknowledgement of signatures. Too
often, assessment liens, resolutions and governing document amendments are approved and
signed, but no notary is readily available. This delays the recording of these documents and
sometimes results in increased attorney fees. Managers who become notaries can expedite the
recording process by notarizing the required signatures immediately instead of the signers having
to go to a bank or an attorney’s office.

Becoming a Notary is Easy and Cheap
Becoming a notary is easy and cheap. The Department of Treasury’s Notary Public page:
http://www.state.nj.us/treasury/revenue/dcr/programs/notary.shtml contains an overview of
Notary Public requirements. Most importantly, this page contains an Online Notary Application
link that allows you to apply and pay the fee online. The fee is only $30 and the cost for the
stamp and notary journal is only about $25.

Completing the application only takes about fifteen minutes. Once the application is completed,
it will be submitted to your local representative for approval. Within 90 days from when you
receive the approval package, you must go to the County Clerk’s office in your County and be
sworn in. It’s that simple.

McGovern Legal Services, LLC is currently offering Notary Public seminars to management
company employees to assist them in becoming New Jersey Notaries. Please contact us for
information or to arrange a seminar at your company.

Associations must continue to function.  Board meetings must be held, and decisions must be made.

The CDC has recommended against any gatherings of ten or more people through at least the middle of May.  Therefore, Association’s must postpone community events and avoid in-person meetings. However, the Association must continue to operate, and the Board must continue to conduct the Association’ s business.

To do so, the board must continue to meet on a regular basis but should do so via teleconference, Skype, Zoom, etc.  Some larger communities with closed-circuit television can televise their remote meetings for their members.  Keep in mind that transparency remains paramount, even when “open” board meetings are being held virtually or remotely.  So, in order to maintain transparency during this difficult time, boards should make their meeting agendas available prior to open meetings.

Associations should also provide a means for its members to propose questions or comments during their meetings.  Some associations have set up separate email accounts for member questions and comments to ensure that they do not become lost among other association-related emails.  Others are having the members email management directly.  Zoom and other software applications have “chat” and “raise your hand” features that allow members to participate virtually.

At the virtual or remote board meeting, business must be conducted as usual.  Motions must be made, discussed among the board members, and voted upon.  The board should review and discuss the comments and questions submitted by members during the ‘new business’ or ‘open questions’ portion of the meeting.

Immediately following the board meeting, it is important to communicate with the members.  Instead of waiting for the meeting minutes to be prepared, finalized, and approved at the next board meeting, the board should consider immediately providing an overview of the meeting to the members.  This overview may be more in-depth than typical meeting minutes to compensate for the fact that the members could not attend in-person. Official meeting minutes should also be prepared and approved at the next open meeting.

At the end of the day, it is important to remember that the association must continue to function.  Open meetings must be as transparent as possible, and communication with the members is key.