Current through Register Vol. 56, No. 18, September 16, 2024
(a)
The executive board shall be elected by association members and voting eligible
tenants.
1. The developer shall not be
entitled to cast votes in any executive board elections while the developer
maintains a seat or seats on the board pursuant to
Section
5 of
P.L.
1993, c. 30 (N.J. S.A.
45:22A-47).
(b) The
association shall hold executive board elections in accordance with the
provisions of its bylaws, including validly adopted executive board rules.
1. Elections shall be held every two years,
unless the association bylaws set a different time or interval for elections,
which shall not exceed four years.
2. Associations shall set the term of an
executive board member for a maximum of four years. This section shall not
prohibit the association from staggering elections, so as to provide for a
continuum of experienced members on the board.
3. If the association has not held an
election in compliance with its bylaws, owners may submit a petition to any
board member to compel an election.
i. Such
petition shall be signed by a minimum of 25 percent of association members in
good standing, unless the governing documents designate a larger percentage as
the quorum for elections.
ii. The
executive board shall hold an election within 90 days upon receipt of such
petition.
(c)
If the association has no executive board members and association members fail
to act on petition or by majority, any association member or group, at common
expense and upon written notice to all owners, may petition a court with
jurisdiction for authority to act temporarily in the interests of the
association and to organize and hold an election within 90 days of the court
order.
(d) The use of proxies and
absentee ballots for executive board elections shall be governed by this
subsection.
1. Any proxies used by the
association shall contain a clear and prominent notice that use of the proxy is
voluntary on the part of the granting owner.
2. The proxy may be revoked at any time
before the proxy holder casts a vote.
3. If the association allows the use of
proxies, it shall also make absentee ballots available.
(e) Each unit shall be allocated either one
vote or an equal number of votes per unit, unless the governing documents of
the association allow for voting proportional to a unit's value or size. These
allocations shall be consistent such that all owners of units of the same value
or size shall have the same number of votes.
(f) The association shall not prohibit,
limit, impede, or restrict participation by residents of low-or moderate-income
housing units. No association election procedure shall impose any requirement
for voting on low- or moderate-income housing owners that would interfere with
their right to vote.
(g) The
association shall not prohibit , limit, impede, or restrict members in good
standing, proxy holders, individuals acting pursuant to a valid power of
attorney, or voting eligible tenants, as applicable, from voting for any
candidate in an executive board election.
1.
If allowed by the bylaws of the association, a voting eligible tenant shall not
be prohibited from voting.
2. If
electronic voting is permitted, anyone eligible to vote shall be permitted to
cast votes electronically, so long as the electronic ballot is administered in
accordance with (h) below.
(h) The association shall verify the
eligibility of the voters and count the ballots in a non-fraudulent and
verifiable way.
1. Any depository for
physical ballots shall be secured.
2. All ballot tallying shall occur publicly,
and the ballots shall be open to inspection by any member of the association
for a period of 90 days from the date of the election.
i. Electronic voting undertaken pursuant to
(h)4 below shall not require public tallying as results are immediately
available. The results of the electronic election shall be made available for
public review and shall be open to inspection by any member of the association
for a period of 90 days from the date of the election.
3. All ballots shall be cast in an anonymous
manner.
4. If the bylaws permit,
and the association member consents, a ballot may be cast electronically if it
is administered by a neutral third party and anonymity is
maintained.
(i) Initial
executive board elections in condominium associations governed under the
Condominium Act, P.L.
1969, c. 257 (N.J.S.A. 46:8B- 1 et seq.), shall
follow the notice timeline under Subsection b. of
Section
2 of
P.L.
1979, c. 157 (N.J.S.A.
46:8B-12.1), and shall not be subject to this
section.
(j) When independent
associations with residential units share facilities or obligations that
require them to be members of a master or umbrella association board to oversee
those facilities or obligations, the members of the independent association
shall, unless the independent associations' governing documents provide for
such association to appoint a member to the master or umbrella association,
elect representatives to the master or umbrella association in accordance with
this section, provided that the members of the executive board of the master or
umbrella association also serve as executive members of the independent
association's board.
(k)
Associations with fewer than 50 units shall be governed by (a) through (j)
above and by the following:
1. The
association shall provide written notice of the election not fewer than 14
calendar days and not more than 30 calendar days prior to the date of the
election. Such notice shall provide access to information on when and how to
vote.
2. All association members
may nominate any member for candidacy, including self-nomination. The
association shall ensure that all nominees are in good standing. Good standing
shall be the sole criterion for the eligibility of a nominee.
3. The association shall provide its members
the opportunity to review the qualifications of the candidates who are running
for election to the board.
i. Provisions for
write-in candidates may be established in the bylaws of the association. In the
event a write-in candidate receives sufficient votes to be elected but is not
eligible, such candidate shall not be deemed to have been elected. If this
results in a vacancy on the board, the eligible candidate receiving the next
highest number of votes shall be deemed to have been
elected.
4. A minimum of
14 days prior to the election, the association shall notify any resident who is
not in good standing. The notice shall state the reason the resident is not in
good standing. The notice shall state that the resident has the right to
contest the board's determination by requesting Alternative Dispute
Resolution.
(l)
Associations with 50 or more units shall be governed by (a) through (j) above
and by the following:
1. Any election meeting
held by the executive board shall require both a notice calling for nominations
and a notice of election.
i. The association
shall provide written notice calling for nominations to all members not fewer
than 30 calendar days and not more than 60 calendar days prior to mailing the
election meeting notice informing them of the right to nominate themselves or
other members in good standing as candidates for the executive board. Such
notice shall specify the process for submitting nominations.
ii. Association members shall have a minimum
of 14 days from the mailing of the request for nomination during which they may
submit their nominations to the board president or otherwise as provided in the
association's bylaws. The deadline shall be provided in the notice.
(1) When the association has not set a
deadline, nominations of members in good standing shall be deemed valid until
one business day prior to the mailing of the notice of election. Good standing
shall be the sole criterion for the eligibility of a nominee.
(2) The association shall not mail out
ballots or proxies until the day following the expiration of the nomination
period.
(3) Nothing in this
subsection shall prevent members in good standing from writing in eligible
candidates on the day of the election pursuant to (l)1iv(6)
below.
iii. Following the
nomination period, a notice of election shall be sent to all association
members. This notice shall be in writing and may be made by personal delivery,
by mail, or electronically. It shall be sent not fewer than 14 days and not
more than 60 days prior to the date of the election.
(1) In the case of mailing, the notice shall
be effective when deposited in the mailbox with proper postage.
(2) In the case of personal delivery, the
notice shall be effective the date it is delivered. The executive board shall
sign and maintain a record attesting to the date the notice was
delivered.
(3) In the case of
electronic delivery, the notice shall be effective the date of the electronic
record. The notice may only be sent by electronic means when the affected
association member or voting eligible tenant has agreed in writing to accept
the notice by electronic means or when the governing documents permit
electronic notices, provided another form of voting by absentee balloting or
proxy voting is available.
iv. The election meeting notice shall contain
a copy of the ballot.
(1) Unless prohibited
by the bylaws of the association, the notice shall include a proxy ballot and
an absentee ballot with instructions for returning the ballot.
(2) The ballot shall contain the names of all
persons nominated and found to be in good standing as candidates for the
executive board in alphabetical order by last name.
(3) The ballot shall not indicate incumbent
board members.
(4) The ballot shall
list each candidate's name in the same font, in the same size, and in the same
font color.
(5) When an election is
for a specific board position, the ballot shall indicate what office and term
each candidate is seeking.
(6) The
ballot shall include space for write-in candidates for as many seats as are up
for election. In the event a write-in candidate receives sufficient votes to be
elected but is not eligible, such candidate shall not be deemed to have been
elected. If this results in a vacancy on the board, the eligible candidate
receiving the next highest number of votes shall be deemed to have been
elected.
v. A minimum of
30 days prior to the election, the association shall notify residents who are
not in good standing. Such notice shall state the reason why the resident is
not in good standing. The notice shall state that residents have the right to
contest the board's determination by requesting Alternative Dispute Resolution.
Residents shall be allowed to rectify their standing up until five business
days prior to the election date, unless the association allows for more
time.
