ASSEMBLY, No. 4488

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED SEPTEMBER 15, 2022

 


 

Sponsored by:

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Limits common interest community regulation of certain vehicles.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning common interest communities and law enforcement vehicles, 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.  An association formed for the management of commonly-owned elements and facilities, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), shall not adopt or enforce a restriction, covenant, bylaw, rule, or regulation prohibiting an individual from parking a law enforcement vehicle at a parking space within the planned real estate development regardless of whether the parking space is designated as a common element, limited common element, deeded to an individual owner, or otherwise.  However, in the event the law enforcement vehicle is operated by an individual who is not an association member, the individual shall have permission from the association member or association, as applicable, to utilize the parking space.  Except as otherwise provided in this section, the parking of law enforcement vehicles within the planned real estate development shall still be subject to the planned real estate development’s governing documents and rules and regulations applicable to the parking of vehicles.  Nothing contained in this section shall be construed as prohibiting a law enforcement officer from parking within a planned real estate development as is necessary to conduct the duties of a law enforcement officer as permitted by law.

     b.    The Commissioner of Community Affairs shall enforce the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) in accordance with the authority granted under section 18 of P.L.1977, c.419 (C.45:22A-38).

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would supplement “The Planned Real Estate Development Full Disclosure Act,” N.J.S.A.45:22A-21 et seq., which concerns planned real estate developments, also generally known as common interest communities, with commonly owned or shared property managed by an association.  The bill would prohibit the association of a planned real estate development from prohibiting an individual from parking a law enforcement vehicle at a parking space within the development regardless of whether the parking space is designated as a common element, limited common element, deeded to an individual owner, or otherwise.  In the event that the law enforcement vehicle is operated by an individual who is not an association member, the individual is required to have permission from the association member or association, as applicable, to utilize the parking space.  Except as provided for in the bill, the parking of law enforcement vehicles within a planned real estate development would still be subject to the planned real estate development’s governing documents and rules and regulations applicable to the parking of vehicles.

     Nothing contained within the bill is to be construed as prohibiting a law enforcement officer from parking within a planned real estate development as is necessary to conduct the duties of a law enforcement officer as permitted by law.