2019 legislative session ends without passage of PREDFDA amendment
Community. Anyone waiting for the final passage of a bill to amend Chapter 106 is going to have to keep on waiting. The State Assembly did not hear a final reading of bill S3661/A5043. It is expected that the bill, renamed S908 for the 2020-21 session which began on Tuesday, Jan 14, will be reintroduced in the near future.
Born /
| 20 Jan 2020 | 06:59
Residents of Cranberry Lake and other lake communities who were awaiting the final passage of a bill to amend Chapter 106, the section of the Planned Real Estate Development Full Disclosure Act (PREDFDA) which had been interpreted to mandate membership in homeowners’ associations, will have to continue waiting for a resolution.
On Monday, Jan 13, the State Assembly did not hear a final reading on Bill S3661/A5043, which passed through the Senate in Aug 2019 after a conditional veto by the Governor. The bill, which clarifies language surrounding who and who is not required to maintain membership in planned real estate developments, will have to be reintroduced and once again be subject to the legislative process. It is expected that the bill, renamed S908 for the 2020-21 session which began on Tuesday, Jan 14, will be reintroduced in the near future. Senators Troy Singleton (D-7) and Steve Oroho (R-24) will remain the primary sponsors.
Cranberry Lake has been in the Chapter 106 spotlight since the late summer of 2018, when the Cranberry Lake Community Club announced that all residents would be required to take up membership in the club beginning in Apr 2019. Those opposed to mandatory membership firmly believe that the CLCC and their attorney Eileen Born are incorrectly interpreting a Jul 2017 amendment to the PREDFDA statute, in an attempt to raise revenue for the club which has never, to their view, functioned as a homeowners’ association. Born and the CLCC have repeatedly declined to comment, citing Chapter 106 as “the letter of the law” and saying that they will follow it as such.