March 20, 2024

New Jersey’s Flood Disclosure Requirements Go Into Effect

What Happened?

 Bill S3110, which was passed by the New Jersey Legislature on June 30, 2023, has now gone into effect as of March 20, 2024.

Under New Jersey law, landlords and property sellers must now notify tenants and prospective purchasers, prior to signing a lease or agreement of sale, whether a property has been or could be impacted by flooding, is located in the FEMA Special Flood Hazard Area (“100-year floodplain”) or is located in a Moderate Risk Flood Hazard Area (“500-year floodplain”).

The Department of Community Affairs (“DCA”) has published a model Flood Risk Notice to be used by landlords pursuant to the new law. The notice includes specific questions about flood risk and space for landlords to provide answers. Commercial landlords may model their notice to be specific to their property, but all notices must include all the information contained in the model notice in substantially similar language.

For rental properties, if a lease is in writing, the notice required may be included in the written lease or the written renewal lease, provided that the notice is a separate rider, individually signed or otherwise acknowledged by the tenant, and written in not less than 12-point typeface.

Additionally, every residential lease must contain the following notice to tenants: “Flood insurance [is] may be available to renters through FEMA’s National Flood Insurance Program to cover your personal property and contents in the event of a flood.  A standard renter’s insurance policy does not typically cover flood damage.  You are encouraged to examine your policy to determine whether you are covered.”

For properties being sold, the Division of Consumer Affairs (“Division”) has added specific questions and information to the Property Condition Disclosure Statement concerning certain flood risks. Sellers are required to use this updated Disclosure Statement as of March 20th, 2024.

Why you need to know about this?

This new legislative mandate makes New Jersey the 30th state in the US to require these disclosures from landlords and home sellers, better informing renters and homebuyers of the flood risk they face. This information will help renters and buyers decide if the risk is worth the cost, and if so, then consider purchasing the appropriate flood insurance to protect against costly out-of-pocket repairs.

If you are a landlord or a seller of property, these new requirements will directly impact how you must notify tenants or prospective buyers of a property’s potential flood risks. The new law imposes steep penalties on those not in compliance; including but not limited to early termination rights for tenants.

What should you do now?

 Landlords should update all form leases and renewals to include both a flood disclosure notice modeled after the Department of Community Affairs provided form, as well as the required Flood Insurance Language, in order to provide the necessary disclosures for properties that have been or could be impacted by flooding.

Additionally, sellers of property should immediately begin using the new Property Condition Disclosure Statement provided on the Division of Consumer Affairs website. All forms of purchase agreements should also be updated to include the necessary flood disclosures.


Should you have any questions on the newly imposed disclosure requirements, please reach out to:

Zachary C. Friedman, Esq.
friedman@hylandlevin.com
856-355-2999

Robert S. Baranowski, Esq.
baranowski@hylandlevin.com
Phone: 856-355-2955

 

February 8, 2024

Partner, David R. Dahan Coordinates Education Symposium Hosted by CAI

David R. Dahan recently coordinated and moderated the educational symposium – NJ Structural Integrity Legislation: Understanding Its Impact – hosted by the Community Associations Institute, Keystone Chapter’s NJ Regional Council. The event explored the recently passed law requiring capital reserves studies and specific structural inspections for primary load-bearing systems in New Jersey. David is the immediate past president of the Keystone Chapter and dedicates a significant portion of his practice to assisting in the governance and administration of Community Associations. HLS was a proud sponsor of this sold-out event.

December 5, 2023

CAI Gala and Annual Meeting

On November 30, 2023, Partner David R. Dahan along with colleagues, Beau C. Wilson and Zachary C. Friedman, attended the Community Associations Institute (“CAI”), Keystone Chapter’s 2023 Excellence Awards Gala & Annual Meeting.  The firm has been a member of the Chapter for years.  CAI is an international organization that provides education, networking events and resources to America’s 300,000+ residential condominium, cooperative, and homeowner associations, and to the professionals and suppliers who serve them.  It also has various legislative action committees to monitor and support or oppose various bills that affect associations.  CAI has 63 Chapters in the world.  The Chapter covers all of PA, Southern NJ and Northern Delaware.  David has been a member of the Chapter for as long as he can remember, has been on the Board for the last six years and served as President for 2023.  Throughout the years, David has authored many publications for the Chapter and presented numerous seminars at its events.  David will remain on the Board for one more year and will serve on its New Jersey Regional Council for 2023 which is responsible for planning education and networking events in Southern New Jersey.

David was honored to receive a plague to recognize his role as President.  Congratulations to David and we wish the Chapter continued success for years to come!

October 9, 2023

Hyland Levin Shapiro Sponsors CAI Keystone Chapter Event

On September 20, 2023, the firm was proud to sponsor and support the Community Associations Institute (“CAI”) Keystone Chapter’s annual New Jersey Regional Council’s Legislative Symposium at P.J. Whelihan’s Pub in Cherry Hill.  David R. Dahan gave the welcoming address as current President of the Chapter and has served on the Chapter Board of Directors since 2016.  David was joined by his firm colleagues and Chapter members, Beau C. Wilson and William H. Dungey III.

The event also celebrated CAI’s 50th anniversary!

CAI is an international membership organization dedicated to building better communities by providing the education and resources necessary to foster vibrant, responsive, and competent community associations and helping them promote harmony and responsible leadership.  David, Beau and Will’s engagement with CAI enables them to provide the best and most current information, advice and resources to their common interest community clients.

If you have any questions involving common interest communities, our firm is ready to assist.

February 13, 2023

Hyland Levin Shapiro Sponsors and Supports Evesham Education Foundation

Hyland Levin Shapiro is proud to sponsor and support the Evesham Education Foundation.  The Foundation is a non-profit organization formed to enhance and enrich the academic experience for students enrolled in Evesham Township Schools through various programs.  In addition, the Foundation supports partial funding on two additional programs (Literacy Support Program and Tier III Enrichment Extensions Program), technology, art and sport uniforms.  On February 10, 2023, the Foundation held its “Double Down on Evesham Education!” event at The Mansion on Main Street in Voorhees, NJ.  Attending from the firm was Partner, David Dahan, Beau Wilson and Will Dungey and their lovely wives.

December 22, 2022

Partner, David R. Dahan elected CAI Keystone Chapter President for 2023!

Hyland Levin Shapiro LLP is pleased to announce that partner, David R. Dahan has been elected CAI (Community Associations Institute) Keystone Chapter President for 2023. The Keystone Chapter serves the community associations industry throughout the entire Commonwealth of Pennsylvania, Southern New Jersey and Northern Delaware.

David has served on the CAI Board of Directors since 2016 and served as Treasurer prior to being elected President.  On November 30, David attended the CAI Keystone Chapter’s 2022 Excellence Awards Gala where he honored 2022 Chapter President, Nicole Skaro, with a plaque recognizing her for outstanding leadership and accomplishments.

The CAI is an international membership organization dedicated to building better communities by providing the education and resources necessary to foster vibrant, responsive and competent community associations and helping them promote harmony and responsible leadership.

A significant part of David’s practice includes representing community associations.  He provides counseling on all aspects of association matters including day-to-day business and legal issues, transition from the developer, and, if necessary, litigation.  David provides legal advice involving governing documents, contracts, rules and regulations, developer transition, construction defect litigation, municipal services and relations, regulatory compliance, insurance claims, member disputes and fiduciary duties of board members.  David has handled numerous transition matters to successful conclusion including the recovery of legal and expert fees.

David is admitted to practice in state and federal courts in New Jersey and Pennsylvania and the U.S. Supreme Court.  He is a graduate of Temple University Beasley School of Law (J.D., 1997) and Temple University, Philadelphia (BBA, Concentration in Accounting, 1991).

David can be reached at dahan@hylandlevin.com or 856-355-2991.

December 7, 2022

Partner, David Dahan Honors Former President at CAI 2022 Awards Gala

On November 30, Partner, David Dahan, attended the CAI (Community Associations Institute) Keystone Chapter’s 2022 Excellence Awards Gala.  This year’s Gala was held at the beautiful William Penn Inn located in Gwynedd, PA.  David was honored to present 2022 Chapter President, Nicole Skaro, with a plaque to recognize and thank her for her outstanding leadership and accomplishments!

We are also proud to announce that David will serve as the Chapter President for 2023.  Please look for David’s letter from the President column in Community Assets, a bi-monthly magazine with tremendous resources for community associations.

November 24, 2021

Partner, David R. Dahan Appointed President Elect for Keystone Chapter of CAI

pic_david_dahan_newWe are pleased to share some very exciting news about our partner, David R. Dahan.  David has been a Member of the Board of Directors for the Keystone Chapter of the Community Associations Institute (“CAI”) for about 5 years.  CAI is an international trade organization for community associations.  CAI promotes certain legislation which favors associations, opposes legislation which is contrary to the interests of associations and provides various education and networking events for the industry.  David was recently notified that he has been appointed as President Elect for 2022 and will serve as President of the Chapter for 2023.  This is in addition to his continued role as a Member of the Chapter’s Finance Committee and Executive Committee.  David will also serve as a Member of the Board Development Committee and the 2022 liaison for the Member Engagement and Golf committees.

Hyland Levin Shapiro Attorneys Participate in CAI’s New Jersey Mini Trade Show and Education Forum

On November 10, 2021, David Dahan and Will Hanna attended the Community Associations Institute’s New Jersey Mini Trade Show and Education Forum.  The firm had a display booth and was also a sponsor for this annual event.  The event was well attended and included a fascinating education forum on car charging stations for community associations.

June 21, 2021

Partner, David R. Dahan Attended and Presented at the 2021 Conference and Expo for the CAI’s Keystone Chapter

On June 17, Partner, David R. Dahan, attended the 2021 Conference and Expo for the Community Associations Institute’s Keystone Chapter.  David was also the presenter at an education seminar at the event on the topic:  Recently Adopted Rules of FHA Certification May Help Your Condo Association.  This was the first Conference and Expo since COIVD-19 restrictions were relaxed and it was a well-attended event!