By Elysa D. Bergenfeld and Nicole D. Miller
On January 8, 2024, New Jersey’s already-stringent building codes for residential construction became even more so when Gov. Phil Murphy signed S2760/A4384 into law. The sweeping legislation establishes additional requirements for the regular inspection, evaluation, and maintenance of certain types of condominiums and cooperative apartments in the state.
The new law was enacted in the wake of the 2021 condominium tragedy in Surfside, Florida, where 98 lives were lost due to structural issues that were not addressed. Accordingly, much of the law focuses on early detection of potential structural flaws and deficiencies.
Owners of property covered by the law must now ensure their buildings undergo routine structural inspections to ensure the safety and stability of the building. These inspections must be performed by licensed engineers and architects and adhere to industry best practices and standards. The law requires periodic reserve studies and allows for a ten-year “catch up” for reserves.
As outlined in the law, its requirements apply to any residential condominium or cooperative building with a primary load-bearing system comprised of a concrete, masonry, steel, or hybrid structure including, but not limited to, heavy timber and a building with podium decks, but not including an “excluded structure” as defined in the law.
All condo and co-op boards in New Jersey should consult with experienced community association counsel to determine whether the new law applies to their buildings and what to do to ensure compliance. If you have questions or concerns, please contact one of the attorneys in Ansell Grimm & Aaron’s Community Association Law practice group.
