Current through Register Vol. 56, No. 18, September 16, 2024
(a) Upon acceptance of a deed to the unit,
each owner shall be an association member for so long as he or she holds title
to the unit.
(b) The developer
shall have one membership in the association for each unit registered pursuant
to this chapter that has not been conveyed to an individual purchaser.
1. This subsection shall not be construed to
provide the developer a different transition obligation than that required
pursuant to Section 5 of P.L. 1993, c. 30 (N.J.S.A.
45:22A-47).
(c) An association member shall be considered
to be in good standing with respect to eligibility to vote in executive board
elections, vote to amend bylaws, and nominate or be a candidate for a position
on the executive board when the association member:
1. Is current in the payment of common
expenses, late fees, interest on unpaid assessments, legal fees, or other
charges lawfully assessed;
2. Is in
compliance with a judgement for common expenses, late fees, interest on unpaid
assessments, legal fees, or other charges lawfully assessed;
3. Is in full compliance with a settlement
agreement with respect to the payments of assessments, legal fees, or other
charges lawfully assessed; or
4.
Has requested or is participating in Alternative Dispute Resolution (ADR) or in
a court proceeding for a dispute over a matter that affects the owner's good
standing.
(d) The bylaws
may allow tenants to vote in executive board elections and may allow tenant
membership in the association, but to do so, the bylaws shall provide that the
tenant can vote or be a member in the association only with the consent of the
owner of the unit the tenant is leasing.
1.
When the association has allowed tenant voting as a standard practice, such
practice may continue, subject to the consent of the owner from whom the tenant
is leasing a unit.
2. The bylaws
may allow the owner to designate the tenant as a voting eligible tenant. Such
designation shall be in writing and may include a clause in the written lease
agreement or another written document. An owner may allow the tenant to vote as
the owner's agent through a proxy or power of attorney.
3. A voting eligible tenant shall have the
same voting rights as the owner of the unit that the tenant leases. Such voting
rights shall be in place of, and not in addition to, the rights of the owner of
the leased unit.
4. An owner who is
not in good standing is not allowed to empower a tenant or any other person to
vote in his or her stead.
