New Environmental Disclosure Laws Affect Some Condos and HOAs

In the past few months condos and  HOAs may have received notices regarding environmental cleanups  or spills in the neighborhood.   A  recent  New Jersey law  required that these disclosures be made in certain types of contamination cases.

I have received numerous phone calls asking what, if anything should be done.  There is no one right answer.

If the problems seem isolated to just the neighboring property, no action may be needed.   In that case,  the best reaction may be to monitor the cleanup or response.

If the information suggests  that the common elements of  individual units may be impacted,  the response may be to provide internal notice and  demand some investigation by the responsible party.

If the information confirms that association property is impacted, a more targeted demand may likely be in order.  And more detailed notice may also be required.

Watch for vapor problems.   If the pollution is a solvent or something similar, it may vaporize and seep into untit  foundations.  This may cause health concerns and warrants a technical and possibly leagl response.

Seek techincal assistance from a consultant.  And legal assistance if appropriate to protect the association and unit owner interests.