Quote from NJ HOA Info on December 13, 2023, 2:01 am

5.    (New section)  a.  The Legislature finds it is necessary and in the public interest to form a special State entity to:

(1)   foster proper operation of homeowners' associations, condominium associations, and cooperative housing corporations;

(2)   promote education, public awareness and association membership understanding of the rights and obligations of living in a shared ownership community;

(3)   reduce the number and divisiveness of disputes, and encourage informal resolution of disputes;

(4)   maintain property values and quality of life in these communities;

(5)   assist and oversee in the development of coordinated community and government policies, programs, and services which support these communities; and

(6)   prevent potential public financial liability for repair or replacement of shared ownership community facilities.

b.    There is established in, but not of, the Department of Law and Public Safety, the Commission on Shared Ownership Communities.  The commission shall serve as the State liaison for citizens residing in shared ownership communities, and shall provide educational and reference materials as requested by an association or its members.  The commission, in conjunction with the director, shall adopt governance standards for shared ownership communities and their governing boards and managers, in accordance with P.L.    , c.   (C.     ) (pending before the Legislature as this bill), to promote fair and democratic governance and good business practices within such communities, in accordance with the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.). The commission shall monitor requests for alternative dispute resolution services, and, working in conjunction with the Office of Consumer Protection within the Division of Consumer Affairs in the Department of Law and Public Safety, shall coordinate and facilitate the resolution of disputes and enforce statutory rights in such communities.

c.     The commission shall appoint an executive director of the commission and such other personnel as may be deemed necessary.  The executive director and professional staff shall serve at the pleasure of the commission and shall receive such compensation as provided by law.  The executive director and professional staff, and all expenses of the commission, shall be paid from the portion of the registration fees required to be collected and allocated pursuant to section 7 of P.L.1977, c.419 (C.45:22A-27), and directed to be used for the purposes of the commission pursuant to P.L.     ,   c.     (C.       ) (pending before the Legislature as this bill).  Members of the commission shall not be paid compensation, but shall be entitled to be reimbursed for reasonable travel and meal expenses, not to exceed $100 per occurrence.

d.    The Attorney General shall provide legal representation to the commission.

e.     The commission shall be comprised of 12 voting members.  Eleven public members shall be recommended for appointment by the Attorney General and appointed by the Governor, as follows:

(1)   One member shall be a resident of a shared ownership community containing fewer than 26 units;

(2)   One member shall be a resident of a shared ownership community located in the northern region of the State;

(3)   One member shall be a resident of a shared ownership community located in the central region of the State;

(4)   One member shall be a resident of a shared ownership community located in the southern region of the State;

(5)   One member shall be a resident of a cooperative housing corporation;

(6)   One member shall be a resident of an age-restricted shared ownership community; and

(7)   One member shall be a resident of a shared ownership community containing more than 499 units.

Of the members selected under subparagraphs (1) through (7), no more than three may include current members or former members of association governing boards;

(8)   One member shall be selected from developers of shared ownership communities.

(9)   Two members shall be selected from persons who are members of professions associated with shared ownership communities; one shall be an attorney, and one shall be a professional community association manager; and

(10)    One member who shall be a certified public accountant.

(11)    The Public Advocate, or the Public Advocate’s designee, shall serve as an ex-officio voting member of the commission, and shall represent the rights and interests of low and moderate income households residing in dwelling units reserved by deed restriction for occupancy by such households within shared ownership communities.

f.     Each public member shall serve a three-year term. Of the members first appointed, one-third shall be appointed for one-year terms, one-third shall be appointed for two-year terms, and one-third shall be appointed for three-year terms.  A member shall not serve more than two consecutive full terms.  A member appointed to fill a vacancy shall serve the rest of the unexpired term.  Members shall continue in office until their successors are appointed and qualified.

g.    All public members shall serve at the pleasure of the Governor.

h.    The members of the commission shall elect annually a chairman of the commission.  The commission shall meet at the call of the chair as often as required to perform its duties, but shall meet at least quarterly. A majority of the voting members shall be a quorum for the transaction of business, and a majority of the voting members present at any meeting may take any official action.

i.     The Director of the Division of Consumer Affairs shall arrange for offices and supplies for staff of the commission as appropriate, and shall be entitled to reimbursement for all costs incurred in complying with the provisions of P.L.     , c.     (C.       ) (pending before the Legislature as this bill) from the funds available from the fees collected from developers of planned real estate developments pursuant to subsection e. of section of 7 of P.L.1977, c.419 (C.45:22A-27).

j.     The commission shall submit annually by March 1 of each year, a report to the Legislature and the Governor covering its activities of the previous calendar year, summarizing its activities, needs, and recommendations, and the extent to which the goals of P.L.      , c.     (C.        ) (pending before the Legislature as this bill) are being met, in the manner provided under section 2 of P.L.1991, c.164 (C.52:14-19.1).