COMMUNITY ASSOCIATION UPDATE

WHAT TO WATCH FOR: EV CHARGING STATION LAW

BACKGROUND: ELECTRICAL VEHICLE (“EV”) CHARGING STATION LAW

The New Jersey State Assembly on July 30, 2020 and New Jersey State Senate on August 27, 2020 passed bills concerning electrical vehicle (“EV”) charging stations and common interest communities. The bill(s) became law wit Governor Murphy’s signing of the legislation on October 19, 2020. The new law supplements the Planned Real Estate Development Full Disclosure Act (PREDFDA) (N.J.S.A.45:22A-43) and establishes requirements with respect to EV charging stations located in community associations across New Jersey.

The legislation sets forth several EV charging station standards applicable to our community association clients. A basic overview of selected requirements of the new EV Charging Station Law may be found here at The Catelli Law Firm Community Association Update.

Read the full text here: EV Charging Station Law.

COMMUNITY ASSOCIATION UPDATE

WHAT TO WATCH FOR: COVID-19 RESPONSE REQUIREMENTS RESILIENCY

COVID-19 VACCINE

COVID-19 vaccinations are underway across New Jersey.

New Jersey will roll out COVID-19 vaccines in a phased approach to all adults who live, work, or are being educated in the State. Within six months, New Jersey aims to vaccinate 70 percent of the adult population.

Learn More About COVID-19 Vaccination

  • How Do COVID-19 Vaccines Work

  • Vaccine Trials and Safety Precautions

  • Vaccination Timeline and Priority Groups

  • Where and How to Get Vaccinated

For more information click here: New Jersey COVID-19 Information Hub

LATEST EXECUTIVE ORDER

– EXTENDING N.J. PUBLIC HEALTH EMERGENCY

Governor Phil Murphy signed Executive Order No. 210 December 21, 2020. Executive Order No. 210 extends all Executive Orders (EO) issued under the Governor’s authority under the Emergency Health Powers Act. It also extends all actions taken by any Executive Branch departments and agencies in response to the Public Health Emergency presented by the COVID-19 outbreak.

You may access Executive Order No. 210 by clicking here.

Executive Order No. 210 continues in force Executive Order No. 120, which places a moratorium on evictions and bank mortgage foreclosures until two months after the State of New Jersey Public Health Emergency.

COMMUNITY ASSOCIATION UPDATE

WHAT TO WATCH FOR: COVID-19 RESPONSE REQUIREMENTS RESILIENCY

EXECUTIVE ORDER NO. 192

New Jersey Governor Phil Murphy signed Executive Order No. 192, as part of the continuing response to COVID-19. Executive Order No. 192 (EO 192) requires employers in the State of New Jersey to abide by enumerated health and safety standards within public and private sector workplaces and other places of business.

COMMENCING NOVEMBER 5, 2020 at 6:00 AM

The Executive Order requires that, beginning at 6:00 a.m. on 5 November 2020, every business, non-profit, and governmental or educational entity that requires or permits its workforce, whether in part or as a whole, to be physically present at a worksite to perform work is required to abide by the following requirements, at minimum, to protect employees, customers, and all others who come into physical contact with its operations.

An overview of selected provisions of Executive Order No. 192 may be found here at:

The Catelli Law Firm Community Association Update

QUESTIONS CONCERNING EXECUTIVE ORDER NO. 192 : ASK @365

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

YOUR COMMUNITY: REOPENING COMMON AREAS/AMENITIES

In making decisions that concern the health of your communities with respect to COVID-19 the authority and guidelines of the U.S. Centers for Disease Control and Prevention (“CDC”) (www.cdc.gov), the New Jersey State Health Department (www.nj.gov/health or http://covid19.njgov) and your local county or municipal health departments should be consulted. Following are selected issues that community boards may consider in approaching reopening common areas and amenities.

Board Decision-Making: Exercise Reasonable Care

In addressing issues and decision-making with respect to reopening common areas and amenities; boards, within the scope of their fiduciary duty to unit owners and residents are to exercise reasonable care to protect health, safety, and welfare, and to act in the best interests of the community association overall.

The concept of reasonable care is best described as acting as an ordinary prudent person would act in the same or similar circumstances. This means in the context of decisions to reopen your community, board members should ask “What would the ordinary, prudent board member do under these unusual circumstances we all face?” Consider:

·       Consulting the CDC website, the White House Guidelines for Re-opening America, Governor Murphy’s Executive orders, State guidelines and recommendations, and OSHA guidelines pertaining to employee protection.

·       Asking; working closely with your professionals: your insurance agent, legal counsel, management team, janitorial/concierge services provider.

The key approach, in exercising reasonable care, is for boards to make informed decisions based on thorough and objective evaluation of all relevant factors.

Communication is Crucial

In exercising reasonable care, communication is crucial. Having detailed written plans in place and communicating them to your community is a tangible demonstration that a Board is exercising reasonable care. Memorializing plans to reopen; or decisions taken to keep certain common areas or amenities closed should be in writing and the status of your community’s common areas/amenities as stay-at-home orders are lifted should be communicated to residents on a consistent basis (e.g., weekly). Such written communications and prudent record keeping are essential not only to your duties as a board member, but also in meeting the reasonable care standard, should your association ever be faced with any COVID-19 litigation in the future.

YOUR QUESTIONS: POOLS

As New Jersey eases stay-at-home orders, our clients (board members and community managers) are faced with deciding when and how to safely open or reopen pools within their associations.

As we have consistently reminded all, the Centers for Disease Control, state and local health departments should be the primary source of information when it comes to public health. Here a link and a CDC advisory with respect COVID-19 spreading the virus through pools.

QUESTION: Can the Virus that Causes COVID-19 spread through pools, hot tubs, spas, and water playgrounds?

CDC ANSWER: There is no evidence that the virus that causes COVID-19 can be spread to people through the water in pools, hot tubs, or water playgrounds. Additionally, proper operation of these aquatic venues and disinfection of the water (with chlorine or bromine) should inactivate the virus.

While there is ongoing community spread of the virus, it is important for individuals, as well as operators of public pools, hot tubs, and water playgrounds (for example, at hotels or apartment complexes or owned by communities) to take steps to ensure health and safety:

We suggest consulting the Community Association Institute’s comprehensive guide:

Health Communities COVID-19 & Community Associations Summary of Relevant Centers for Disease Control and Prevention (CDC) Guideline.

More Questions: Ask @365

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

MULTI-STAGE APPROACH TO EXECUTE A RESPONSIBLE AND STRATEGIC ECONOMIC RESTART

NEW JERSEY IS CURRENTLY IN STAGE 1 AND IS ON TRACK TO ENTER STAGE 2 ON MONDAY, JUNE 15.

New Jersey will move toward subsequent stages based on data that demonstrates improvements in public health and the capacity to safeguard the public. If public health indicators, safeguarding, or compliance worsen on a sustained basis, New Jersey will be prepared to move back to more restrictive stages as well. The restart will be phased-in within each stage, rather than opening all businesses and activities at once within a stage.

Maximum Restrictions Stage: Maximum restrictions with most individuals staying at home and activity limited to essential tasks.

Permitted activities and businesses include:

  • Emergency health care

  • Essential construction

  • Manufacturing

  • Essential retail, including grocery stores and pharmacies

Stage 1: Restrictions relaxed on low-risk activities if appropriately safeguarded.
Phased-in businesses and activities, with adherence to safeguarding and modification guidelines, include:

  • State and county parks (beginning on May 2)

  • Drive-in activities (beginning on May 12)

  • Non-essential construction (beginning on May 18)

  • Curbside retail (beginning on May 18)

  • Beaches (beginning on May 22)

  • Elective surgeries (beginning on May 26)

All workers who can work from home continue to work from home even if their industry is reopening.

Stage 2: Restrictions are relaxed on additional activities that can be easily safeguarded. New Jersey is on track to enter Stage 2 on Monday, June 15.
Phased-in businesses and activities, with adherence to safeguarding and modification guidelines, include:

  • Outdoor dining (beginning on June 15)

  • Limited in-person retail (beginning on June 15)

  • Hair salons and barber shops (beginning on June 22)

  • Youth summer programs (beginning on July 6)

  • In-person clinical research/labs

  • Limited fitness/gyms

  • Limited in-person government services (e.g. – Motor Vehicle Commission)

  • Museums/libraries

All workers who can work from home should continue to work from home.

Stage 3: Restrictions are relaxed on most activities with significant safeguarding.
More work activities, including in-person meetings, are allowed at physical locations only if they can adhere to safeguarding guidelines and modifications.

Phased-in businesses and activities, with adherence to safeguarding and modification guidelines, may include:

  • Expanded dining,

  • Critical in-office work,

  • Limited entertainment,

  • Expanded personal care,

  • Bars with limited capacity.

All workers who can work from home continue to work from home.

Precautions that apply across all stages include:

  • Work that can be done from home should continue to be done from home.

  • Clinically high-risk individuals who can stay at home should continue to do so.

  • All residents and businesses should follow state and federal safeguarding guidelines: wash hands; wear masks in public; respect social distancing; minimize gatherings; disinfect workplace and businesses; and no mass gathering

-Source

QUESTIONS Ask@36

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

Governor Murphy Signs Executive Order Permitting Resumption of Non-Essential Construction, Curbside Pickup at Non-Essential Retail Businesses

Executive Order No. 142  - 05/12/2020

As part of New Jersey’s Road Back, Governor Phil Murphy today signed Executive Order No. 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18, while the car gatherings provision will take effect immediately.

“I’ve been clear that data will determine dates, and what we are seeing gives us confidence that we can begin the careful restart of our economy,” said Governor Murphy. “Over the past eight weeks, New Jerseyans have taken our stay-at-home order seriously and have created the conditions that make this next phase possible. The steps we are taking allow for important standards of social distancing to continue with the return of safe, responsible business operations.” 

Non-Essential Construction: The Order permits non-essential construction projects to resume effective at 6:00 a.m. on Monday, May 18. All construction projects must abide by the social distancing, safety, and sanitization requirements that are described in detail in the Governor’s Executive Order.

Curbside Pickup at Non-Essential Retail Businesses: The Order also permits non-essential retail businesses to allow curbside pickup of goods, beginning at 6:00 a.m. on Monday, May 18, but businesses must continue to have their in-store operations closed to customers.  Businesses who choose to offer curbside pickup must abide by the requirements in the Order, which include but are not limited to the following:

  • In-store operations should be limited to those employees who are responsible for the operations required for curbside pickup;

  • Customer transactions should be handled in advance by phone, email, facsimile or other means that avoid person-to-person contact;

  • Customers shall notify the retailer by text message, email, or phone once they arrive, or make best efforts to schedule their arrival time in advance.  The customer should be asked to remain in their vehicle, if arriving by car, until store staff delivers the purchase;

  • Designated employees should bring goods outside of the retail establishment and place goods directly in a customer’s vehicle when possible, avoiding person-to-person contact; and

  • Such businesses must follow social distancing and mitigation practices outlined in previous orders, including requiring workers to wear cloth face coverings when in contact with other workers or customers and gloves when in contact with goods or customers. 

Retail businesses operating in shopping malls are permitted to operate by curbside pickup, in accordance with the other requirements of this paragraph, but staff must bring the goods to customers at the exterior of the mall.  The indoor portions of shopping malls must remain closed, as required by the Governor's previous orders.

Questions? Ask@365

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

Does my business need to be closed?

Businesses That May Be Open

If your business is not a retail business, you may continue to operate, but you must let your workers work from home whenever possible. For example, professional service firms—like law firms and accounting firms—may continue to operate, but must let employees work from home. The U.S. Department of Labor has guidance on the Fair Labor Standards Act pertaining to your obligations to employees regarding telework. If you have employees that need to be on site, you must keep them to the minimum number needed for critical operations; examples of these include cashiers, store clerks, construction workers working on projects deemed essential, repair workers, warehouse workers, lab researchers, custodial staff, and certain administrative staff.

If your business is a retail business, but is considered essential, you may stay open; these types of businesses include:

  • Grocery stores and any stores that sells food;

  • Pharmacies and medical marijuana dispensaries;

  • Medical supply stores;

  • Gas stations;

  • Convenience stores;

  • Stores in healthcare facilities;

  • Hardware and home improvement stores;

  • Banks;

  • Laundromats/dry-cleaning services;

  • Stores that principally sell supplies for children under five;

  • Liquor stores;

  • Auto mechanics;

  • Self-serve car washes;

  • Car dealerships, but only for auto maintenance and repair, to deliver online purchases directly to customers, to arrange for curbside pickup, or to test drive a purchased vehicle;

  • Printing and office supply shops;

  • Mail and delivery stores;

  • Mobile phone retail and repair shops;

  • Bicycle shops, but only to provide service and repair;

  • Pet stores, pet groomers, pet daycare, and pet boarders;

  • Livestock feed stores;

  • Farming equipment stores;

  • Nurseries and garden centers;

  • Landscaping; 

  • Stores that principally sell items for religious worship;

  • Firearms retailers, by appointment only and during limited hours;

  • Realtors, but only to show houses 1-on-1 (open houses are prohibited);

  • Horse boarding may allow owners to visit and exercise their horses; therapeutic riding may continue;

  • Marinas and boatyards for personal use;

  • Bars and restaurants for drive-through, delivery, and takeout only;

  • Microbreweries or brewpubs for home delivery only.

Child care centers may operate only if they certified by Friday, March 27, 2020 that they will only serve children of essential workers starting April 1, 2020.

Golf courses may be open as of sunrise on May 2, 2020, as long as they adopt policies that include, but are not limited to: tee times at least 16 minutes apart; closing all buildings and amenities; limiting golf carts to a single occupant; restricting players' ability to touch the flagstick, hole, and other surfaces; prohibiting equipment rentals and the use of caddies; and requiring face coverings, sanitization, and social distancing. Refer to Executive Order 133 for all requirements. Miniature golf and driving ranges must remain closed.

If your business falls into one of the blanket exemption categories, you may continue to operate; these businesses include:

  • Health care or medical service providers;

  • Essential services for low-income residents, including food banks;

  • The media;

  • Law enforcement;

  • Federal government operations, or the movement of federal officials in their official capacity.

If your business is conducting construction deemed essential, that construction may continue; see what construction projects are deemed essential.

Businesses That Must Be Closed

All retail businesses not considered “essential” must close. If your business is a retail business that operates with a physical storefront, you must close your business to the public. Delivery and online operations may continue.

Non-essential construction projects must cease, effective Friday, April 10, 2020, at 8 p.m.

Recreational and entertainment businesses must close; these types of businesses include:

  • Casino gaming floors, including sports wagering lounges and concert/entertainment venues;

  • Racetracks, including stabling facilities and sports wagering lounges;

  • Gyms and fitness centers, including classes;

  • Miniature golf courses and driving ranges;

  • Recreational and transient camp sites (though residential campgrounds including mobile home parks and seasonal contract sites may remain open) ;

  • Entertainment centers, including movie theaters, performing arts centers, concert venues, and nightclubs;

  • Indoor parts of shopping malls. Restaurants and other stores in shopping malls that have their own external entrances may continue offering food delivery and/or take-out services;

  • All places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions;

  • All personal-care businesses that by their very nature result in noncompliance with social distancing must be closed to the public as long as the Order remains in effect. This includes: Barbershops; Hair salons; Spas; Nail and eyelash salons; Tattoo parlors; Massage parlors; Tanning salons; and Public and private social clubs;

  • All municipal, county, and State public libraries, and all libraries and computer labs at public and private colleges and universities.

    UPDATED AS OF MAY 2, 2020

    Source: Business.NJ.gov

    Questions? Ask@365

WE ARE SMALL BUSINESS

New Jersey Department of Labor and Workforce Development

Self-Employed NJ Workers: Unemployment Benefits During the Coronavirus Emergency

Assistance is available to self-employed workers, independent contractors, gig and platform workers who are impacted by COVID-19 through Pandemic Unemployment Assistance (PUA) and possibly the Families First Coronavirus Response Act (FFCRA).

New Jersey Department of Labor and Workforce Development has prepared two downloadable guides to help you understand what benefits are available and how to apply for them. Find more info here.

Questions? Ask@365

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

GOVERNOR MURPHY EXECUTIVE ORDERS

IMPACTING LANDLORDS AND TENANTS

EXECUTIVE ORDER 128 – April 24, 2020

Governor Murphy Signs Executive Order Providing Critical Short-Term Support for Renters

WHEREAS, enabling individuals to pay portions of their rent with the security deposit they own will allow those individuals to mitigate the consequences regarding evictions and accumulation of interest and late fees upon termination of Executive Order No. 106 (2020), and thus is plainly in the public interest

EXECUTIVE ORDER 106 – March 19, 2020

Governor Murphy Enacts Moratorium on Removals of Individuals Due to Evictions or Foreclosures

WHEREAS, Executive Order No. 106 (2020) stays enforcement of all judgments for possession, warrants of removal, and writs of possession while in effect, unless the court determines on its own motion or motion of the parties that enforcement is necessary in the interest of justice, but does not stop foreclosure or eviction proceedings from being initiated or continued …

Questions? Ask@365

WE ARE SMALL BUSINESS

SBA UPDATE

Additional Funding Notice: The SBA will resume accepting Paycheck Protection Program applications from participating lenders on Monday, April 27, 2020 at 10:30am EDT.

Our nation's small businesses are facing an unprecedented economic disruption due to the Coronavirus (COVID-19) outbreak. On Friday, March 27, 2020, the President signed into law the CARES Act, which contains $376 billion in relief for American workers and small businesses.

Additional Funding Notice: The SBA will resume accepting Paycheck Protection Program applications from participating lenders on Monday, April 27, 2020 at 10:30am EDT.

With the additional funding provided by the new COVID-19 relief package, SBA will resume processing EIDL Loan and Advance applications that are already in the queue on a first come, first-served basis.

We will provide further information on the availability of the EIDL portal to receive new applications (including those from agricultural enterprises) as soon as possible.

To learn more about the relief options available for your business, click here.

Questions? Ask@365

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

COVID-19 RESPONSE: 5 STEPS FOR YOUR HOA

1)    Ensure continued maintenance and sanitation of common areas, including clubhouses, fitness centers, playgrounds, and pools, even though they may not be in use right now.

2)    Follow all local and state emergency temporary orders banning short-term rentals.

3)    Follow state recommended stay-at-home orders and social distancing protocols.

4)    Limit in access to site staff and other association personnel that includes limiting repair work to “essential only,” to minimize contractor traffic, as well as entry by other service providers.

5)    Keep the identity of residents who test positive confidential unless the resident agrees to disclose the information.

Learn more: CAI

Questions? Ask@365

WE ARE SMALL BUSINESS

SBA NO LONGER ACCEPTING NEW PAYCHECK PROTECTION PROGRAM OR EIDL APPLICATIONS AT THIS TIME

Lapse in Appropriations Notice: SBA is unable to accept new applications at this time for the Paycheck Protection Program or the Economic Injury Disaster Loan (EIDL)-COVID-19 related assistance program (including EIDL Advances) based on available appropriations funding. EIDL applicants who have already submitted their applications will continue to be processed on a first-come, first-served basis.

Learn more at SBA.gov

NJEDA Announces Application Launch Date for Loan Program for Small Businesses Impacted by COVID-19

The New Jersey Economic Development Authority (NJEDA) will launch the application for its Small Business Emergency Assistance Loan Program on Monday, April 13, 2020 at 9:00 am.  A link to the program application will be posted on the State’s COVID-19 Business Information Hub. The loan program is part of a package of initiatives announced last week to support businesses and workers facing economic hardship due to the outbreak of the novel coronavirus COVID-19.

Learn more at NJEDA.com

Questions? Ask@365

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

OUR RESILIENCY

OUR RESILIENCY: WHAT FEDERAL/STATE RELIEF PROGRAMS ARE AVAILABLE TO OUR COMMUNITY ASSOCIATION?

  • What does the CARES Act mean for our community association?

  • Is our community association eligible for SBA loans?

  • What State of New Jersey economic relief initiatives are available to our community association?

Sources of Information With the passage of federal emergency and economic relief legislation such as the “CARES" Act and State of New Jersey economic relief initiatives there are several assistance programs available to small and mid-sized enterprises, non-profits, as well as other business types. In many cases, community associations are eligible for these programs and while the guidelines with respect to the programs’ implementation is developing the following information sources are available to community association leadership for an overview of the types of relief/assistance that may be available to your community.

Federal Resources

New Jersey Resources

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

OUR REQUIREMENTS

OUR REQUIREMENTS: WHAT ARE THE FEDERAL AND STATE REQUIREMENTS REGARDING COVID-19?

Sources of Information Since the outbreak of COVID-19, the federal government and State of New Jersey have issued several executive, legislative, and regulatory actions in response to the COVID-19 pandemic. Federal and state actions may be monitored at the following websites:

Our Community Association’s Requirements: Employment, Finances, and Assessment Arrears

  • Community Association: Employees, Contractors, Vendors

    • How do we address employee, contractor issues as a result of the interruption in our normal community association operations?

    • How do we address our fixed costs?

    • If our revenue stream is reduced as a result of COVID-19 what can, and should we do in terms of reducing our association employee, contractor, vendor costs?

  • Community Association Assessment Arrears:

    • How do we respond if COVID-19 impacts our assessment revenues?

    • What are our options if assessments are not paid?

    • Considering the moratorium on foreclosures/evictions, where do we stand with regard to our collection processes/pending actions?

COVID-19 RESPONSE REQUIREMENTS RESILIENCY

OUR RESPONSE

OUR RESPONSE: HOW IS OUR COMMUNITY ASSOCIATION TO RESPOND TO COVID-19’S HEALTH AND SAFETY IMPERATIVES?

Sources of Information on COVID-19 are widely circulated. Official resources on the pandemic are available at the U.S. Centers for Disease Control and Prevention (CDC) and may be consulted by community association leadership to obtain credible and timely information and guidance at the CDC’s website.

In considering best practices for community association responses to COVID-19 the following response areas may be considered:

Our Community Association’s Health and Safety Response? How do we address:

  • Social Distancing, Health and Safety Precautions in Our Community:

    • What are our social distancing obligations with respect to COVID-19?

    • What are we doing, and should be doing to protect the health and safety of our communities?

  • COVID-19 Case Reporting:

    • What do we do in the event of a confirmed case of COVID-19 in our community?

    • How do we inform our community members?

    • What privacy protections apply?

    • What are our obligations to the affected resident?

    • What are our obligations to community-wide residents?

Our Community Association’s Operational Response? How do we address:

  • Board/Trustee Meetings:

    • How do we hold board meetings during this time?

    • How do we undertake our fiduciary/governing duties?

    • What we can, and cannot accomplish remotely?

  • Common areas, amenities and events:

    • How do we ensure social distancing in common areas?

    • How about closing community amenities such as clubhouses, business centers, libraries and postponing or cancelling community events?

    • What are we doing to ensure that common areas are kept cleaned, properly disinfected?

  • Guests and Service Providers

    • Should prudent COVID-19 social-distancing measures include limiting access for guests and service providers in our community?

  • Ongoing Construction, Renovations and Repairs

    • How do we address ongoing or proposed construction, renovations, repairs?

THE CATELLI LAW FIRM, L.L.C.