New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS
Subchapter 8 - COMMUNITY ASSOCIATIONS
Section 5:26-8.10 - Representation

Universal Citation: NJ Admin Code 5:26-8.10

Current through Register Vol. 56, No. 6, March 18, 2024

(a) The association bylaws may provide for representation on the executive board for owners with different unit types. Such owners shall be afforded the right to nominate members of the executive board to ensure representation of their unit types on the board.

1. Different unit types shall include units of different value, size, nature, or geographical area within the development, based on the number of units in a category to ensure representation on the board for that type.

2. When affordable units , in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-304, represent a minority of units in the development, the bylaws shall reserve a seat or seats on the executive board for election by owners of affordable units.

3. Regardless of their number or value, owners of commercial units in the development shall not constitute a majority of the executive board.

(b) Unless executive board members are serving as representatives of the developer during the period prior to surrender of control to the owners, not more than one resident from a single unit shall serve on the executive board simultaneously with another resident of the same unit.

(c) A person or owning entity shall not hold more than one seat on the executive board.

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