Current through Register Vol. 56, No. 18, September 16, 2024
(a) Elections shall comply with State laws
and the bylaws of the association.
(b) A board member shall be removed only in
accordance with the bylaws or by the board for good cause directly impacting
the member's ability to serve.
1. The board
shall not remove an elected member for disagreeing with the majority or for
violating any confidentiality agreement without affording the elected member
Alternative Dispute Resolution (ADR) in which the ADR provider concludes from
substantial credible evidence that there was a breach that adversely affected
the interests of the association members as opposed to that of the executive
board.
(c) In
associations with 50 or more units, the board shall not appoint, and a designee
shall not accept, an executive position through appointment, except as provided
at (c)3 below.
1. An extension of an existing
term by the board shall be deemed equivalent to an appointment and shall be
prohibited.
2. This subsection
shall not apply to any permissible appointment made by the developer pursuant
to Section
5 of
P.L.
1993, c. 30 (N.J.S.A.
45:22A-47).
3. This subsection shall not prevent the
board from filling a vacancy in the executive board created by resignation,
death, or failure to maintain reasonable qualification to be an executive board
member, including maintaining good standing, or following a vote in favor of
removal open to all association members in accordance with the terms of the
bylaws. Any executive board position that has been filled by an appointee in
such instances shall be subject to election within a year following such
appointment.
(d)
Association members may remove a board member who was elected by the unit
owners by submitting to the board a petition signed by a minimum of 51 percent
of association members for removal of that board member.
1. A special election of the association
membership shall be held within 60 days of receipt of the petition.
2. When the annual meeting of the association
membership is scheduled to occur within 60 days of the submission of the
petition, then the election shall be held at the annual
meeting.
(e) Notice of
the special election meeting shall be provided to all association members and
voting eligible tenants at least 14 days prior to the date of the meeting.
1. The meeting shall be scheduled at a
reasonable date and time of day to allow most association members to
attend.
2. The ballot shall be
drafted in accordance with
N.J.A.C.
5:26-8.9(l)1 iv.
3. At least 14 days prior to the meeting, the
ballot shall be mailed, hand delivered, or if bylaws permit, and the owner
consents, electronically delivered to all association members together with the
notice of the meeting.
4. If the
bylaws permit, the notice of the meeting shall include an absentee ballot with
instructions for returning the ballot. If the bylaws provide for a proxy
ballot, an absentee ballot shall also be included.
i. The instructions shall allow return of the
proxy or absentee ballot by facsimile or electronic means and shall not require
receipt of the ballot more than one business day prior to the
meeting.
