On June 1, 2015, the Assembly Housing and Community Development Committee approved legislation A-3069 supported by New Jersey REALTORS® that creates standards for election and recall of homeowners’ associations board members. The bill sets forth criteria for required numbers of board members for homeowners’ associations and requires that owners within an association be allowed to vote anonymously. The legislation outlines that, unless otherwise provided in the bylaws, the executive board shall consist of five members, but if the number of housing units in the community is less than 11, the executive board shall consist of no more than three members. Additionally, it mandates that elections shall be held at least every two years, and shall be conducted with strict adherence to democratic principles and fairness.
The new ruling also gives the NJ Department of Community Affairs the authority to address violations of the procedures contained in this legislation. This bill must now be considered by the full Assembly and Senate before it can reach Governor Christie’s desk for his consideration.