Bill S1524 Section 13 "Bill Of Rights And Responsibilities For Owners In Shared Ownership Communities."

Quote from NJ HOA Info on December 13, 2023, 1:18 am

13.  (New section)  This section shall be known and may be cited as the “Bill Of Rights And Responsibilities For Owners In Shared Ownership Communities.”

a.     The commission shall publish the following and post on its Internet site, the following information, as set off by quotation marks:

“Bill Of Rights And Responsibilities For Owners In Shared Ownership Communities.

As a member of a shared ownership community association:

(1)   You have the right to be informed before buying a home in a shared ownership community of the community's governing documents, financial condition, assessments and fees, and its rules and regulations. You have the duty to ask for this information from the seller, to read and understand it, and to obey the rules if you buy the home; You have the right to notify the Division of Consumer Affairs in the Department of Law and Public Safety if a developer has not furnished you with this information;

(2)   You have the right to be treated with respect by your neighbors and by the governing board members and managers of your community. You have the duty to treat your neighbors, directors, officers, and managers with respect.

(3)   You have the right to privacy consistent with the law and the reasonable rules of the community.  You (and your tenants, if any) have the duty to respect the rights of your neighbors to enjoy their privacy.

(4)   You have the right to prompt and effective service from your association’s governing board members or management.  You have the duty to pay your legitimately imposed assessments on time.

(5)   You have the right to vote in elections and to vote on the adoption of new rules, as permitted under State law; and to vote on the assessments, when permitted by law or community rules.  You have the duty to inform yourself of the issues, and to vote on them.

(6)   You have the right to vote to approve the sale of any of the common elements or common property of the community as provided under State law; and you have the right to vote to approve the construction of any new common facilities or common elements if those facilities were not listed on the master deed or declaration as “to be built” when you purchased your individual property in the community, as provided under State law.  You have the duty to participate in voting when required for association actions.

(7)   You have the right to fair elections and to be nominated for and to run for office.  You have the duty to make sure that elections are fair and that candidates for whom you vote are qualified.

(8)   You have the right to honest and reasonable government from your elected board and the managers it chooses.  You have the duty to participate in the affairs of the community by volunteering your time and talents as needed and by informing yourself of the board's activities.

(9)   You have the right to be informed of your community's acts and financial condition, including balances in reserve accounts, and to inspect, and make copies of, its books and records.  You have the duty to know and understand its rules, and to provide to the community any information required by the rules, unless prohibited by law.

(10)    You have the right to meet with your fellow owners to discuss the community's and the board's conduct, free of charge.  You have the duty to obtain the information necessary to form a fair and balanced opinion, and to promote positive solutions for the good of the community.

(11)    You have the right to fair treatment if you are charged with a violation of the community rules.  This includes the right to know what rule is involved and to a fair hearing, and a right to appeal any violation to the Commission on Shared Ownership Communities.  You have the duty to respond to any such claim promptly and honestly, and to cooperate in good faith and in a civilized manner in an effort to resolve the dispute.

(12)    If you are unable to resolve disputes directly with your community, you have the right to bring your dispute to the Commission on Shared Ownership Communities, where it may be resolved without the need for expensive litigation.  You have the duty first to bring your dispute to the attention of the community's governing board and to allow the board a fair opportunity to respond, and to use whatever dispute resolution procedures your community requires, provided those procedures comport with State law; if you bring your dispute to the commission you have the duty to cooperate in the commission's complaint process and to treat other parties with respect.

(13)    You have the right to architectural and other rules (such as parking or pets) that are properly adopted and published, that are clear and reasonable, and that are fairly and consistently enforced.  You have the right to seek changes to any rules that you believe are obsolete or inappropriate.  You (and your tenants, if any) have the duty to obey the rules, to follow the proper procedures to obtain any required permission for modifications you wish to make, and to keep the area around your home clean and free of trash, pests, and other nuisances.”

b.    Nothing in this section shall be construed as permitting the rights enumerated in this section to be waived in any manner by any association or owner.

c.     Nothing in this section shall be construed as prohibiting the waiver of any constitutional rights by an owner, provided that any waiver so executed shall be in writing and shall contain documentation that the owner has:

(1)   a specific knowledge of the constitutional right being waived; and

(2)   made an intentional decision to abandon the protection of the constitutional right.