ASSEMBLY, No. 4488
STATE OF NEW JERSEY
INTRODUCED SEPTEMBER 15, 2022
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Senator TROY SINGLETON
District 7 (Burlington)
Limits common interest community regulation of certain vehicles.
CURRENT VERSION OF TEXT
As reported by the Senate Community and Urban Affairs Committee on January 12, 2023, with amendments.
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. 1[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] No planned real estate development shall adopt or enforce a provision of the governing documents or rule that prohibits an owner, resident, or visitor from parking a law enforcement vehicle at a parking space because it is a law enforcement vehicle, is interpreted to be a commercial vehicle, or based on law enforcement vehicle characteristics inherent to said vehicles, such as emergency lights. Individuals parking law enforcement vehicles within planned real estate developments are in all other respects subject to the rules and regulations and governing documents regarding parking of vehicles, including, without limitation, those relating to assigned parking and vehicle size requirements. 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 in an emergency or to conduct the duties of a law enforcement officer as permitted by law1.
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.