Local seniors, officials fear state bills' impact
Legislation would regulate homeowners' association practices
BY JESSICA SMITH
Staff Writer

Monroe

MONROE - A group of township senior citizens have banded together to fight for their rights, and for their money.

When Hadassah Linfield, of the Greenbriar at Whittingham community, heard about two state bills that would affect residents of adult communities in ways she did not agree with, she organized a group of fellow residents who shared her concerns, and they made their voices heard.

The citizens' group, called the Community Against State Regulation of Private Communities (CASRPC), has made it their goal to have an amendment passed that would allow adult communities to opt into or out of the legislation. The two bills were created to provide both uniformity in laws that apply to homeowners' associations, and protections for homeowners within common interest communities.

One of the bills, introduced in 2004, is referred to as the Caraballo Bill in the Assembly and as the Doria Bill in the Senate. While its focus is to consolidate laws in common interest communities, part of the bill's goal is to protect homeowners who live in communities run by associations.

The other bill, similar in nature, is referred to as the Turner/Rice Bill, and is formally titled the "Owners' Rights in Common Interest Developments Act." Among its provisions for homeowners are the state enforcement of fair election processes, access to public records, and alternative dispute resolution.

"These things are works in progress," said Assemblywoman Linda Greenstein (D-14), who has been working with the group from Greenbriar. "We're just doing our best to help as many of the residents as possible."

The Monroe Township Council passed a resolution earlier this month in support of an amendment to the Caraballo Bill. Linfield spoke at the council's Oct. 30 meeting, voicing her group's reservations about the bill and its support of the proposed amendment.

"This bill, if it has the exemption going with it, will really be a sign of participatory democracy," Linfield said.

The Greenbriar group also came before the Senate Committee on Banking, Housing and Urban Affairs on Nov. 6. Chairman and state Sen. Ronald Rice is a sponsor of the Turner/Rice Bill.

Linfield made a statement before the committee expressing the issues her group has, including additional costs to seniors.

"The senior citizens who populate age-restricted communities are among the most vulnerable people in our economy," Linfield said in her statement. "Many of them live on fixed incomes. After losing a spouse, many find themselves in reduced circumstances with the loss of spousal social security and perhaps pension rights. [The bill] A798 is not without its costs, which go far beyond the added budgetary expenditures to create and populate state agencies. In complying with the demands of A798, every age-restricted community resident will experience increased costs of community management and operations."

Greenstein said it is possible that the bills will be combined. Sen. Rice wants to take the best attributes of each bill, and he is open to considering the amendment, Greenstein said.

None of the legislation has been passed, and it has not been decided when it will be voted on.

"There were various misinterpretations and miscommunications about the bill," said Greenstein. "Frankly, most of the information that went out to the public about fee increases is mostly speculative."

Residents of some adult communities support the bills, having been disappointed with the way their communities are run. The Turner/Rice Bill was triggered by an appellate court battle between a Twin Rivers adult community homeowners' association and a group called Community for a Better Twin Rivers. The community is in a section of East Windsor Township.

"It was run in such an onerous way that the courts have demanded change in the way governance takes place there," Monroe Township Council President Gerald Tamburro said of the East Windsor community.

Linfield acknowledged the need for the regulations the bill would bring to some communities, but called it a "win-win situation" if they were able to opt in through a majority vote. The CASRPC has gathered more than 1,000 names on a petition in support of the amendment, and are now awaiting the fruits of their labors.

"The only reason that it's possible that this amendment will go through to protect homeowners is that people got off their butts," Linfield said.