Senator Steve Oroho’s bill shielding homeowners in some common communities from unforeseen fees and assessments cleared the Senate today.

Sen. Steve Oroho’s bill affirms that homeowner associations cannot require fees if the association did not have the authority to compel payment prior to the enactment of the Radburn Law on July 13, 2017. (SenateNJ)

Oroho’s bipartisan bill (S-908) affirms that homeowner associations cannot require fees if the association did not have the authority to compel payment prior to the enactment of the Radburn Law on July 13, 2017. Provisions of that law have been misinterpreted by some community associations as an opportunity to levy fees and enact rules on homeowners who are not members of the association.

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“The 2017 law did not change the rules for owners who weren’t already members of an association or planned community,” said Oroho (R-24). “This bill provides a homeowner the protection from being charged association fees that weren’t disclosed in one’s deed.”

The Radburn Law was enacted to bolster protections for residents by strengthening voting rights and disclosure requirements in common interest communities. Unfortunately, some associations are using the Radburn Law as a justification to impose new dues and assessments on all owners in developments. Oroho’s legislation simply clarifies the original intended purpose of the Radburn Law.

Senator Oroho also thanked Senator Troy Singleton (D-8) for his strong advocacy and co-prime sponsorship, and for Governor Murphy for his support in working to clarify the original intent of the 2017 Radburn Law.