The 2017 Radburn Law (P.L. 2017, c.106) amended PREDFDA (N.J.S.A. 45:22A-45.1 et seq.) and its regulations (N.J.A.C. 5:26-8) to mandate open board meetings, member-run elections with nomination and write-in rights, and member access to records. A February 2024 Appellate Division ruling trimmed some of these election regulations.
The Radburn amendments gave every unit owner association membership and basic governance rights. Under N.J.A.C. 5:26-8, board meetings generally must be open to members with at least 7 days' notice, and minutes are required. Elections must be member-run: owners in good standing may nominate any eligible member and run themselves, candidates appear alphabetically without incumbent labels, write-in votes must be allowed, and ballots are anonymous. Members in good standing get access to records. Update: in a decision dated February 23, 2024 (Docket A-2241-21), the New Jersey Appellate Division invalidated several regulations, including the flat ban on binding closed-session votes (N.J.A.C. 5:26-8.12(e)2). The core open-meeting, election, and records framework remains in force.
An association violating the Radburn open-meeting, election, or records rules can be reported to the Commissioner of Community Affairs, who may order compliance; affected elections or bylaw amendments may be challenged. No fixed statutory monetary penalty is specified.
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