Bill

Bill > A2741


NJ A2741

NJ A2741
Requires developer under "The Planned Real Estate Full Disclosure Act" to post bond with DCA and provides for more accountability to owners in common interest community.


summary

Introduced
02/01/2018
In Committee
02/01/2018
Crossed Over
Passed
Dead
01/08/2020

Introduced Session

2018-2019 Regular Session

Bill Summary

This bill is part of a package of bills implementing the recommendations of the State Commission of Investigation in its report of March, 2005 entitled "The Good, the Bad and the Ugly: New-Home Construction in New Jersey." The bill requires a developer to post a bond with the Department of Community Affairs to secure the completion of the common elements of a planned community and also requires the developer to maintain adequate reserve accounts for maintenance and replacement of the common elements. The bill establishes specific requirements to turn over documents and assets for a developer upon the transition of control of the association board to the owners in the community. The developer at this time must: cause to be prepared by an engineer chosen by the owners an engineering report on the common elements; provide documentation that all municipal and other required governmental approvals and certifications have been granted for all common elements; and make a full accounting of all association activities during the period of developer control. In addition, the bill provides that, during the period of developer control of an association, two or more owners shall be permitted to file warranty claims derivatively on behalf of the association concerning warranties applicable to the common elements of the planned community.

AI Summary

This bill is part of a package of bills implementing recommendations from a state commission report on new-home construction in New Jersey. The key provisions of this bill are: 1. It requires developers of planned communities to post a bond with the Department of Community Affairs (DCA) to secure the completion of common elements, and to maintain adequate reserve accounts for the maintenance and replacement of those common elements. 2. Upon the transition of control of the community association from the developer to the owners, the developer must: have an engineering report prepared on the common elements, provide documentation of all required governmental approvals, and provide a full accounting of association activities during the developer's control. 3. During the period of developer control, two or more owners (other than the developer) can file warranty claims on behalf of the association regarding the common elements. The bill aims to increase accountability and consumer protections for owners in common interest communities by imposing additional requirements on developers.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

Introduced, Referred to Assembly Housing and Community Development Committee (on 02/01/2018)

bill text


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