Governor Christie signed into law P.L. 2017 Ch. 106. This law makes changes with respect to the Planned Real Estate Development Full Disclosure Act regarding the procedures for Association Board Elections. The newly acted provisions will supersede Associations' current by-laws. Some provisions included, among others, within the new legislation establish:
- All unit owners are members of the Association and are provided basic election participation rights for residents of common interest communities, including the right of resident owners in good standing to nominate any unit owner in good standing as a candidate for any position on the executive board, run, appear on the ballot, and be elected to any executive board position
- If Association documents do not set a specific time or interval for elections, the elections shall be held at two-year intervals
- An Association shall not provide for a term of an executive board member to be for more than 4 years
- An Association shall provide association members written notice of an election by personal delivery, mail, or electronic means, no less than 14 days nor more than 60 days prior to the meeting at which an election of executive board members is scheduled
This newly acted legislation goes into effect immediately. We recommend that all Associations contact their legal counsel to understand all of the provisions of the legislation and to determine how this legislation will affect their elections.