Enforcement of Furnace Efficiency Standards Delayed… Again
May 21, 2013
The high efficiency furnace rules case has taken a new procedural turn. On May 1, 2013, a panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an emergency order staying implementation of the new rules requiring non-weatherized gas furnaces installed in the northern regions of the country to be 90% efficient. That order did not resolve the case but rather simply put on hold the application of the proposed regulations until the court actually rules on the propriety of a settlement agreement entered by the parties. The effect of this ruling is that the new standards did not take effect on May 1, 2013 as initially proposed, but no decision has yet been made whether they will take effect on a future date.
For those who have been following the issue, in 2011, the U.S. Department of Energy (DOE) promulgated new energy conservation standards for air conditioners and heating units. A portion of the new standards applies to new installations of non-weatherized gas furnaces on or after May 1, 2013 and increases the efficiency requirements of those units from 78% to 90%. A lawsuit challenging the furnace standards on both substantive and procedural grounds was filed by the American Public Gas Association. The lawsuit was settled last year, and for several months, the settlement has been awaiting the approval of the appeals court. The DOE announced in April that it would not begin enforcing the new rules before the court rules on the settlement agreement. The recent court ruling neither approved nor disapproved the settlement but stayed implementation of the new rules, thus officially preventing the DOE from enforcing the rules for the time being. It also set some procedural requirements for the eventual hearing on the merits.
The proposed standards are significant to community associations because the new furnaces vent much differently than existing ones and require modifications to units and common elements, which may be difficult or impossible because of space limitations or building code issues.
You can view the District of Columbia Circuit’s order here.
For more information on this or any other issue concerning your community association, please contact one of our Community Associations attorneys. For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw.
Join Us at the 2013 CAI-Pa/Del Val Annual Conference & Expo at Citizens Bank Park
May 7, 2013
Hill Wallack LLP’s Community Association Practice Group will be exhibiting at the 2013 CAI – Pennsylvania and Delaware Valley Chapter Annual Conference & Expo, which is being held on May 9, 2013, from 8 a.m. to 3 p.m. in Philadelphia, Pennsylvania at Citizens Bank Park, home of the Philadelphia Phillies.
The 2013 Conference Keynote Speaker is Gloucester County Freeholder and former Penn State Football player Adam Taliaferro.
For more information or to register to attend, click here!
Enforcement of Furnace Efficiency Standards Delayed
April 25, 2013
The Department of Energy (DOE) has announced that it will not enforce the rules requiring more efficient residential natural gas furnaces that were to go into effect May 1, 2013, pending the outcome of the lawsuit challenging those rules and an anticipated settlement requiring re-evaluation of the standards to be applied. The new rules would have required at least 90% efficiency for non-weatherized gas furnaces installed in New Jersey and other northern states after April 30. The proposed standards are significant to community associations because the new furnaces vent much differently than existing ones and require modifications to units and common elements, which may be difficult or impossible because of space limitations or building code issues.
The lawsuit has resulted in a settlement that would vacate the rules, but that settlement requires the approval of a Federal Appeals Court, which has not yet scheduled a hearing on the issue. Although the rules remain intact, the DOE will not enforce them. According to the DOE’s statement, “In an exercise of its enforcement discretion, DOE will, during the pendency of the litigation, act in a manner consistent with the terms of the settlement agreement with regard to the enforcement of the standards.”
Therefore homeowners may continue to install residential natural gas furnaces that do not meet the 90% efficiency rating, pending resolution of the case.
You can view the Enforcement Policy Statement here.
For more information on this or any other issue concerning your community association, please contact one of our Community Associations attorneys. For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw.
Join Us at the New Jersey Cooperator’s Condo, HOA and Co-op Expo on May 1, 2013
April 22, 2013
Hill Wallack LLP’s Community Association Practice Group will be exhibiting at the 2013 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 1, 2013, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey. Come say hello at Booth 435 and drop your business card for a chance to win a great prize!
Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team.
If you are involved in an insurance dispute relating to Super Storm Sandy, please ask us about reviewing your case free of charge. Contingent fees are available for Sandy representation.
For more information or to register to attend, click here!
Karpoff to Speak at Legal Forum on Critical Cases for New Jersey Community Associations
April 8, 2013
Recent judicial opinions in New Jersey have caused some confusion over alternative dispute resolution and restrictions on signs in communities. As a result of these cases, there are new twists to issues which previously appeared settled, causing association managers, board members and attorneys to seek definitive rules to guide their actions. Hill Wallack LLP Partner Michael S. Karpoff, Esq. will explore the current status of the law regarding these important issues and discuss standards and suggestions for association leaders and advisors to deal with such matters.
This seminar will be held at the Kings Grant Open Space Association Community Room, 50 Landings Dr., Marlton, NJ, on Friday, April 12, 2013. Registration begins at 8:30 a.m. Managers receive two hours of continuing education credit for attending this program. Registration fee includes continental breakfast.
For more information on this seminar or to register to attend, please click here.
Karpoff and Kessler Speak about Contracts at 2013 CCAL Law Seminar
April 3, 2013
Hill Wallack LLP Partners Michael S. Karpoff, Esq. and Terry A. Kessler, Esq. spoke on “Essentials of Community Association Contracts: From Regular Operations to Capital Projects” at the Community Associations Institute’s 34th Annual Community Association Law Seminar, presented by the College of Community Association Lawyers (CCAL), in Tucson, Arizona on January 26, 2013.
To view their powerpoint presentation and article on this important topic, please click here. Reprinted with permission of the Community Associations Institute.
Karpoff to Speak at the 2012 Community Association Law Summit
November 12, 2012
Hill Wallack LLP Partner Michael S. Karpoff, Esq. will speak on “Disabled Residents and the Law Against Discrimination: Reasonable Modifications of Facilities and Accommodations of Rules and Policies” at the 2012 Community Association Law Summit. This seminar is presented in cooperation with the New Jersey Chapter of the Community Associations Institute and the New Jersey State Bar Association’s Real Property, Trust and Estate Law Section.
The summit will be held at the New Jersey Law Center in New Brunswick, New Jersey, on Thursday, December 6, 2012, and has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.8 hours of CLE credit, of which 1.0 qualify for ethics/professionalism credit. CLE credit is also available for PA and NY.
For more information on this seminar or to register to attend, please click here.
Karpoff to Speak at the 2012 CAI-NJ Conference & Expo
October 17, 2012
Hill Wallack LLP Partner Michael S. Karpoff, Esq. will speak during an educational seminar titled “Working with the Directors – Getting along with the DCA” at the 2012 CAI-NJ Conference & Expo.” The seminar will cover the Hotel and Multiple Dwelling Act inspections, Construction Code violations, and Alternative Dispute Resolution compliance.
This educational seminar is part of the 2012 CAI-NJ Conference & Expo, which is being held on Saturday, October 27, 2012 at the NJ Convention & Expo Center, located at 97 Sunfield Avenue Edison, New Jersey. The theme of this year’s Conference is “Shine – Be a Star with CAI-NJ.”
In addition, Hill Wallack LLP’s Community Association Practice Group will be exhibiting at the 2012 CAI-NJ Conference & Expo. Come visit us at Booth 807 and drop your business card for a chance to win a NOOK Simple Touch.
For more information on this educational seminar or to register to attend the 2012 CAI-NJ Conference & Expo, please click here.
FHFA’s Final Rule on Private Transfer Fees Explaned
April 23, 2012
Over the past year, there has been discussion about a proposed federal rule which would have prohibited FNMA or Freddie Mac from purchasing mortgage loans for lots or units in community associations having a capital contribution/membership fee requirement. CAI’s Federal LAC was part of a coalition that opposed this rule against transfer fees in associations. Those efforts paid off as FHFA’s Final Rule, which was issued on March 15, 2012, to be effective on July 16, 2012 permits “a private transfer fee covenant that requires payment of a private transfer fee to a covered association and limits the use of such transfer fees exclusively to purposes which provide a direct benefit to the real property encumbered by the private transfer fee covenants.”
Significantly, all association transfer fees in place before February 8, 2011 (date of publication of the initial Notice of Rulemaking by FHFA) are exempted and all those created thereafter as permissible if they provide a “direct benefit” to the properties encumbered by the fee. The term “direct benefit” means “that the proceeds of a private transfer fee are used exclusively to support maintenance and improvements to encumbered properties, and acquisition, improvement, administration, and maintenance of property owned by the covered association of which the owners of the burdened property are members and used primarily for their benefit.” In simple terms, most association membership fees, capital contributions and other fees due upon the transfer of a unit or lot are acceptable if they are used to manage, maintain, protect or operate the facilities of the community. However, it is important to read the full rule, which can be found here.
Perl to Speak on Mortgage Issues at the 2012 CAI – Pennsylvania and Delaware Valley Chapter Annual Conference & Expo
April 16, 2012
Hill Wallack LLP Partner Ronald L. Perl, Esq. will discuss recent changes to the mortgage process by the Federal Government, FHA and FHFA during the 2012 CAI – Pennsylvania and Delaware Valley Chapter Annual Conference & Expo, which is being held on April 19, 2012, from 8 a.m. to 4 p.m. in Philadelphia, Pennsylvania at Citizens Bank Park, home of the Philadelphia Phillies.
Mr. Perl will be speaking about these issues, and how they can affect you and your association, during the Afternoon Educational Seminar titled “Mortgage Mess: Federal Housing Rules for Condos Explained,” from 3:00 p.m. to 4:00 PM in the Phillies Executive Dining Room on the Third Base Side of the Park.
For more information or to register to attend, click here!