Bill Text: NJ S1624 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes Office of Common Interest Community Association Ombudsman.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-02-05 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1624 Detail]
Download: New_Jersey-2018-S1624-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes Office of Common Interest Community Association Ombudsman.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Office of the Common Interest Community Association Ombudsman and supplementing Title 46 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is created in, but not of, the Department of Community Affairs, the Office of the Common Interest Community Association Ombudsman.
b. The Office of the Common Interest Community Association Ombudsman shall operate for the benefit of owners of common interest real property in this State or relating to properties established as real estate cooperatives, or created pursuant to the "Horizontal Property Act," P.L.1963, c.168 (C.46:8A-1 et seq.), the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), or subject to the "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.).
c. (1) The Commissioner of Community Affairs shall appoint a chief executive officer to staff the Office of the Common Interest Community Ombudsman. The chief executive officer so appointed shall serve at the pleasure of the commissioner.
(2) The chief executive of the Office of the Common Interest Community Association Ombudsman shall be referred to as the CIC Ombudsman, and shall execute the powers and duties set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).
d. For the purposes of this act, "governing body" means the individual or entity empowered by law to exercise control over any property established as real estate cooperative, or created pursuant to the "Horizontal Property Act," P.L.1963, c.168 (C.46:8A-1 et seq.), the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), or subject to the "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.).
2. The CIC Ombudsman may:
a. Establish rules and regulations, in consultation with the Commissioner of Community Affairs, concerning the operation, management, oversight, and any other actions of a governing body;
b. Receive complaints and conduct investigations, concerning of unfair, unlawful, or inequitable practices of a governing;
c. Make recommendations to the Governor and Legislature concerning potential changes to laws concerning the governing bodies;
d. Establish and maintain a website or webpage on the Department of Community Affairs website for the benefit of the public and governing bodies, which shall include the results of any investigations, best practice suggestions, sample agreements, proposed and adopted rules and regulations, and any recommendations made to the Governor and Legislature;
e. Establish and collect fines, and notify each unit owner of the issuance of such fines, from the individual members of governing bodies for violations of any rule or regulation adopted pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), which shall be paid by the member and not by the association;
f. Hire and maintain staff to assist the CIC Ombudsman in carrying out the responsibilities established in P.L. , c. (C. ) (pending before the Legislature as this bill); and
g. Sue and be sued.
3. The rules and regulations adopted pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall:
a. promote an equitable relationship between governing bodies and unit owners;
b. provide for a transparent process by which a governing body can conduct its business effectively, efficiently, and equitably;
c. establish a uniform process for the election of members of a governing body, including term length and mandatory term-limits for all members of governing bodies;
d. establish transparency requirements relative to the meetings, and access to documents, correspondence, and contracts of governing bodies;
e. create an administrative appeal process, to be conducted by an independent arbitrator, through which a governing body can challenge a final determination of the CIC Ombudsman; and
f. address any issue the CIC Ombudsman determines necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. On or before the first day of the sixth January next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the CIC Ombudsman shall provide a report to the Governor and Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall provide detail on the investigations, conclusions, and recommendations of the CIC Ombudsman. The report may include recommendations for revisions to P.L. , c. (C. ) (pending before the Legislature as this bill) that would assist the CIC Ombudsman in performing required functions under this act.
5. This act shall take effect immediately but rules and regulations promulgated by the CIC Ombudsman shall remain inoperative until the first day of the first January next following enactment.
STATEMENT
This bill establishes the Office of the Common Interest Community Association Ombudsman in, but not of, the Department of Community Affairs. Under the bill, the Office of the Common Interest Community Association Ombudsman would operate for the benefit owners of common interest real property in this State or relating to properties established as real estate cooperatives, or created pursuant to the "Horizontal Property Act," P.L.1963, c.168 (C.46:8A-1 et seq.), the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), or subject to the "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.)..
The chief executive of Office
of the Common Interest Community Association Ombudsman would have the title of
CIC Ombudsman, and would have execute the powers and duties established in the
bill. The CIC Ombudsman would have the power to establish rules and
regulations concerning the operation, management, oversight, and any other
actions of a governing body of a common interest community association; receive
complaints and conduct investigations concerning of unfair, unlawful, or
inequitable practices of a governing body of a common interest community
association; make recommendations to the Governor and Legislature concerning
potential changes to laws concerning the governing bodies of common interest
community associations; establish and maintain a website for the benefit of the
public, which shall include the results of any investigations, best practice
suggestions, sample agreements, proposed and adopted rules and regulations, and
any recommendations made to the Legislature and Governor.
The rules and regulations would promote an equitable relationship between
governing bodies and unit owners; provide for a transparent process by which a
governing body can conduct its business effectively, efficiently, and
equitably; establish a uniform process for the election of members of a
governing body, including term length and mandatory term-limits for all members
of governing bodies; establish transparency requirements relative to the
meetings, documents, correspondence, and contracts of governing bodies; and
create an administrative appeal process, to be conducted by an independent
arbitrator, through which a governing body can challenge a final determination
of the CIC Ombudsman
After five years, the CIC Ombudsman would issue a report to the Governor and Legislator detailing their activities since the conception of the office.
