Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
Co-Sponsored by:
Senators Allen and Singer
SYNOPSIS
Limits homeowners’ association regulation of structures reasonably necessary or convenient for the accommodation or therapy of physically disabled persons.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring homeowners’ associations to permit the alteration or construction of any structure reasonably necessary or convenient for the accommodation or therapy of physically disabled persons residing on that property and supplementing P.L.1993, c.30 (C.45:22A-43 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A homeowners' association formed to manage the elements of property owned in common by all members of a community, whether it be an association managing a condominium, a private community, including retirement communities, or a cooperative housing development, shall not adopt or enforce a rule or bylaw limiting or prohibiting the alteration or construction of any structure on the property of a single-family dwelling unit which is solely owned by an individual or individuals, and which is not designated as a common element or common property in the governing documents of an association, that is reasonably necessary or convenient for the accommodation or therapy of a physically disabled person residing on that property. The necessity for the alteration or construction must be recommended by a physician for the accommodation or therapy of the disabled person and the alteration or construction may not otherwise violate any local, State or federal law. Except as provided in subsection b. of this section, any such rule or bylaw adopted by a homeowners' association in violation of this section shall be deemed to be null and void.
b. A homeowners' association may adopt rules or bylaws to regulate the alteration or construction of any structure reasonably necessary or convenient for the accommodation or therapy of a physically disabled person residing on that property to ensure that the alteration or construction does not threaten public safety, restrict necessary maintenance activities, interfere with the property rights of another, or is not conducted in a manner inconsistent with any other applicable law.
2. This act shall take effect immediately.
STATEMENT
This bill would prohibit homeowners' associations from adopting or enforcing rules or bylaws which limit or prohibit the alteration or construction of any structure on the property of a single-family dwelling unit that is reasonably necessary or convenient for the accommodation or therapy of a physically disabled person residing on that property. Under the provisions of the bill, the necessity for the alteration or construction must be recommended by a physician and the alteration or construction may not otherwise violate any local, State or federal law. A homeowners' association may, however, adopt rules or bylaws to regulate the alteration or construction of any structure to ensure that the alteration or construction does not threaten public safety, restrict necessary maintenance activities, interfere with the property rights of another, or is not conducted in a manner inconsistent with any other applicable law.