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The BEST Commercial listings near Cape May NJ

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Commercial 

Condo Insights <br> <br>#64   Condo Insights    #64     Understanding the Capital Reserve  Study Part 3  Reserve Studies are prepared with  three different levels of service: full  service, update with site visit and  update without a site visit. Specifying the level of service allows for  easy comparison between different  reserve studies and ensures that the  association understands the scope  of the work performed. Knowing  the level of service helps the association understand the methodology used in the study, which is  crucial for interpreting the findings and making informed decisions. Different levels of service  come with different costs. Clearly  stating the level of service helps the  association understand the budget  implications of the reserve study.  Level I is a Full Reserve Study.  It includes both a physical and financial analysis with an engineer   s  site visit. The component inventory list and current component  condition assessments with useful  life and valuation estimates are determined from a visual on-site inspection. This information is used  to conduct the financial analysis  which includes the current fund  status and recommended funding  plan. A Full Reserve Study is recommended if the association has  never had a reserve study, if a substantial time has lapsed since the last  study or if there are concerns about  the accuracy of component inventory, quantities or measurements.  Level II is an update to the previous reserve study and includes an  engineer   s site visit. The report updates both the physical analysis and  financial analysis of an existing report. A site inspection is conducted  to verify and/or make adjustments  to the existing component asset  list, condition assessments, useful  life and component valuation estimates. The financial analysis is updated, including the current fund  status and recommended funding  plan. A Level II Reserve Study is  recommended after major projects and as required by state law.  Level III updates the financial  analysis only, with no site visit. The  current fund status and funding  plan is updated, using information  gathered from board members,  vendors, the association manager  and information contained within  a prior reserve study. A Level III  report is recommended to review,  adjust and verify that the existing  funding plan is accurate and suitable  for current economic conditions.  How should the board approach a  reserve study. First step is to identify firms experienced in preparation of reserve studies. Engineering firms that specialize in reserve  studies and those that specialize  in forensic analyses serve distinct  purposes. Reserve Specialists have  a thorough understanding of how  buildings age and deteriorate and  are qualified to determine if an issue is normal or abnormal based on  their observations. Forensic engineering firms specialize in invasive    or destructive analyses to determine  the exact cause of a specific issue  and the appropriate remedial action.  Look for a reserve study company with multi-disciplined engineers  who have industry accreditation  (CAI   s Reserve Specialist Designation and/or APRA   s Professional Reserve Analyst designation). Ask to  see samples of their work. A detailed  report that utilizes tables, graphs,  pictures, diagrams, spreadsheets and  explanatory graphics make the report easy to understand. These items  are important pieces of a reserve  study and should not be considered  as extras. If possible, have the engineering firm commit to a timeline or  schedule that includes site visit and  delivery of the first draft. It should  be obvious but confirm the report  will be in compliance with requirements in the Structural Integrity Act.  The engineering firm will request  information about the association,  to identify common elements, and  to have clear understanding of the  scope of association responsibilities for operation, maintenance, repair and replacement. Associations  should provide the engineering firm  with the Master Deed, building  plans, the most recent capital reserve study (if one exists), a schedule of recent replacements including date, type and cost of any major  repairs or replacements that have  been performed on the common elements since original construction,  the projected balance in the reserve  fund at the start of the study period,  the amount of the current annual  reserve contribution and the association   s current maintenance schedule and/or maintenance budget.  Condo board members should  expect a comprehensive report  that clearly explains the condition  of their community association   s  common elements and a funding  plan to pay for future replacements.    Jim Yost owns Elite Management  and Advisory Services, LLC and  is co-owner / Managing Partner  for Ocean Property Management  Corporation, based in Wildwood.  The firms provide management  and advisory services to numerous community, condominium  and homeowner associations in  southern New Jersey. He can be  reached at yostopmc@comcast.net.  Karim Kaspar, Esq. is Senior  Counsel with Lowenstein Sandler  LLP. He serves as general counsel  to numerous community and condominium associations throughout New Jersey. He specializes in  complex commercial litigation and  real estate matters and has been active and instrumental in the firm   s  pro-bono activities. He can be  reached at kkaspar@lowenstein.com.  The entire Condo Insights series of articles is available online  at www.oceanpropertymgmt.com.
 
Condo Insights <br> <br>#65   Condo Insights    #65     Failure to Comply with the  Structural Integrity Act  On January 8th,2024 New Jersey  Governor Phil Murphy signed into law  S2760/A4384, commonly known as  the Structural Integrity Act (the    Act   ).  Why is the Structural Integrity Act  important? According to the United  States Census Bureau, in 2024 there  are almost 3.5 million multi-family  housing units in New Jersey. Over 85%  are in buildings that are over 25 years  old. Over 63% are in buildings more  than 45 years old. As buildings get  older, they are likely to require more  attention to periodic maintenance and  replacement of roofs, windows & doors,  and to prevent moisture infiltration into  and subsequent deterioration of the  exterior walls, fa  ades and balconies.  The law comes in response to growing  concerns about the aging infrastructure  of condominiums and the need for  standardized inspection procedures.  The Act requires that buildings  of a specific type are inspected by a  licensed professional engineer and  that inspection report is provided  to the local municipality. The Act is  intended to ensure that residential  condominium buildings are regularly  inspected and properly maintained.  The Act also requires that almost all  condominium associations have capital  reserve studies prepared every five  years, defines and requires adequate  funding levels; defines the annual  contribution an association must make  to its reserve fund and expands the  scope of reserve studies to include any  major projects that could arise in the  coming 30-year timeframe and that  preventive maintenance schedules be  included as part of the reserve studies.  The Structural Integrity Act is a source  of financial discipline moving forward  to address past funding shortcomings  but is causing a lot of confusion amongst  Boards and unit owners. Prior to the  Act, associations were not required  to have a structural inspection. Prior  to the Act, associations were not  required to have a reserve study, and  many of those that have a reserve  study were not following the funding  recommendations in their study.  The Act requires associations to  adequately fund their reserve account for  future repairs and major maintenance  projects following the recommended  annual funding level in the CRS, as well as  making sure the reserve account balance  at the end of each fiscal year meets or  exceeds the estimated account balance  in the CRS. This will help avoid future  assessments for capital expenditures.  Periodic  maintenance  and  replacement of capital assets require  significant financial investment. The Act  is intended to ensure that condominium  associations no longer have underfunded  reserves and that multi-family residential  buildings are regularly inspected and  properly maintained.  Associations  can expect to undertake structural  inspections and capital reserve study  updates at least once every five years.  Failure  to  comply  could  have detrimental effects to the  Association and Board members.  If a New Jersey condominium  association fails to comply with the  Structural Integrity Act, it could  face fines, legal consequences, and  in cases of severe structural risks,  authorities may order the evacuation  of the building if the association  fails to address the issues promptly.  The law specifies enforcement  mechanisms and penalties for noncompliance.  Specifically, if an  association doesn   t comply with the  Act   s structural inspection requirements,  they might be given a period of time  to remedy the issue, such as ordering  an inspection or initiating repairs. If  the violation isn   t resolved within that  timeframe, financial penalties can be  imposed until the required steps are  taken.  Additionally, penalties may  apply for failing to comply with stop  construction orders, for intentionally  providing false information or omitting  required details in applications    Board members have a duty to  maintain the building   s structural  integrity, and failure to do so could  lead to lawsuits from unit owners. Unit  owners in New Jersey can sue their  association for failing to comply with the  Structural Integrity Act for negligence if  structural issues lead to damage or harm.  The law mandates that associations  ensure the structural integrity of  buildings and common areas, and  failure to comply can lead to legal action.  A building   s insurance coverage might  be affected if the association fails to  maintain structural integrity, as many  association insurance policy applications  now require an association officer  confirm that the common elements  are being properly maintained. Some  insurance companies are requesting  copies of current structural inspection  reports and the association   s current  reserve study. These questions and  requests for documentation are appearing  on more and more renewal applications.  Board members may also face  personal liability if they fail to adhere  to the law.  Directors & officers  insurance may not provide coverage  if a board knowingly fails to comply  with the Act. This could have serious  implications and ramifications for  board members if the board approves  a budget in which the reserve  contribution does not meet or exceed  the recommended reserve contribution  in the association   s reserve study, and/  or does not maintain an adequate  balance in the association reserve fund  The  Condominium  Project  Questionnaire is used by lenders to gather  information about the association   s  condition, financial health, and other  relevant details that assess the eligibility  of a condominium project for mortgage  financing.  The Questionnaire has  expanded to require information from  the association about reserve studies,  structural inspections and performance  of regular periodic maintenance.  Potential buyers may be hesitant  to purchase units in a building with  known structural problems or deferred  maintenance, potentially lowering the  value of the property, and may have a  harder time finding financing for their  purchase in such buildings. The cost  of inspections, necessary repairs and  deferred maintenance could also lead to  increased assessments for unit owners.  The Act is intended to ensure  that condominium associations no  longer have underfunded reserves  and that multi-family residential  buildings are regularly inspected and  properly maintained.  Associations  have a responsibility to maintain the  building   s structural integrity and the  law is designed to protect residents  by ensuring buildings meet structural  integrity standards. Failure to comply  with the law can have significant  financial and legal consequences  for the association. It   s crucial for  association board members and owners  to understand the requirements of  the Structural Integrity Act and take  proactive steps to ensure compliance.  Jim Yost owns Elite Management  and Advisory Services, LLC and is coowner / Managing Partner for Ocean  Property Management Corporation,  based in Wildwood. The firms provide  management and advisory services to  numerous community, condominium  and  homeowner  associations  in  southern New Jersey.  He can be  reached  at  yostopmc@comcast.net.  Karim Kaspar, Esq. is Senior Counsel  with Lowenstein Sandler LLP.  He  serves as general counsel to numerous  community  and  condominium  associations throughout New Jersey.  He specializes in complex commercial  litigation and real estate matters and  has been active and instrumental in the  firm   s pro-bono activities. He can be  reached at kkaspar@lowenstein.com.  The entire Condo Insights series  of articles is available online at  w w w. o c e a n p r o p e r t y m g m t . c o m .
 


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