Electronic Voting Now Authorized in New Jersey Community Associations

Posted by on Aug 17, 2017 in Board Meetings, Elections/Voting, Legislation

By Jonathan H. Katz, Esq.

One of the overlooked effects of the recent Radburn Legislation is that it now provides statutory authority for New Jersey community associations to vote electronically. Specifically, the new law authorizes an association to utilize electronic voting: (1) when the board determines to allow voting by such means; and (2) when an association member consents to casting a vote electronically.

While this issue may not have come up previously in many associations, many states’ non-profit corporate statutes or association enabling statutes do not specifically address and/or authorize the option of electronic voting. In addition, most corporate statutes provide that elections and other action can be taken only at an in-person meeting of members or, if no meeting is to be held, by unanimous consent of the members. For example, New Jersey’s Non-Profit Corporations Act, provides only that elections of trustees may be conducted by mail and the Act authorizes decisions to be made in lieu of an in-person meeting only “if all the members entitled to vote thereon consent thereto in writing.” There is no mention of voting by electronic means.

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Regarding the Radburn: New Law Enhances Voting Participation Rights in New Jersey Community Associations

Posted by on Jul 18, 2017 in Board Meetings, Elections/Voting, Legal Decisions, Legislation

By Jonathan H. Katz, Esq.

On July 13, 2017, New Jersey Governor Chris Christie signed into law P.L. 2017, Ch. 106 (S-2492/A-4091). The new law makes significant changes to the Planned Real Estate Development Full Disclosure Act (“PREDFDA”), N.J.S.A. 45:22A-43 et seq., with respect to procedures for board elections and voting participation rights. Although the legislation comes in direct response to complaints over a specific association – the Radburn Association in Fair Lawn – it will affect most, if not all, of the estimated 7,000 community associations located in New Jersey.

As outlined in a January 2017 article, the historic Radburn was established in 1929 as a “Town for the Motor Age.” The Radburn boasts 18 acres of internal parks, a shopping plaza, an elementary school, and “other remnants of the founders’ ambitious attempt to create a self-sufficient community.” However, for the past decade, pressure has been increasing from residents seeking to change what they considered to be an outdated and secretive process that the Raburn utilizes to elect its Board of Trustees. Specifically, not every owner in the Radburn was granted the right to either run for or vote for its Board. These issues led to litigation and caused so much uproar that State Senator Robert Gordon (D-Fair Lawn) introduced this legislation to make the election/voting process more inclusive and transparent.

Now that this legislation has been signed into law, it will change not only the Radburn’s elections, but will also have implications for most of New Jersey’s condominiums and homeowners associations. In fact, most of these newly enacted provisions will trump every association’s current by-laws. The most relevant provisions of the new legislation are as follows:

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Hill Wallack Attorneys Exhibiting/Presenting at CAI-NJ 2016 Conference & Expo

Posted by on Oct 18, 2016 in Board Meetings, CAI, Confidentiality & Ethics, Speaking Engagements

Hill Wallack LLP’s Community Association Practice Group will be exhibiting at the 2016 CAI-NJ Annual Conference & Expo, which is being held on Wednesday, October 26, 2016, from 10:00 a.m. to 3:00 p.m. at the Garden State Exhibit Center in Somerset, New Jersey.

This year’s conference returns to Central Jersey, so do not miss out on the exciting lineup of networking events, educational sessions, informative exhibits and more! Registration is FREE for all homeowners and board members (pre-registration is recommended). There will be plenty of giveaways and FREE breakfast and lunch. Come see us at Booth 505!

Also, join Terry A. Kessler, Esq. and Jonathan H. Katz, Esq. of Hill Wallack LLP and Denise Becker, PCAM, of Homestead Management Services, Inc. for their 12:00 p.m. presentation entitled Batman vs. Superman: The Struggle Regarding Ethics and Confidentiality for Board Members & Property Managers. Program Description: “In a world where association board members are faced with issues regarding ethics and confidentiality on a daily basis, who can you turn to in order to work through these complex problems? In this battle of good versus evil, you can’t rely on the Man of Steel or the Dark Knight. This program will arm you with the necessary information and discuss the relevant law in order to help you properly navigate these thorny issues.”

For more information and to register to attend the 2016 CAI-NJ Annual Conference & Expo, click here

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Join Us at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015!

Posted by on Apr 26, 2015 in Alternative Dispute Resolution, Architectural Controls, Assessments, Board Meetings, Books and Records, Collections, Contracts, DCA, Disability Accommodations, Fair Housing, FDCPA, FHA, First Amendment Rights, Foreclosure, Municipal Services Act, New Jersey Cooperator

Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey.

Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team at Booth 600.

For more information or to register to attend, click here!

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Join Us at the 2014 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 7th

Posted by on May 6, 2014 in Alternative Dispute Resolution, Architectural Controls, Board Meetings, Books and Records, Collections, Contracts, DCA, Disability Accommodations, Fair Housing, FHA, First Amendment Rights, Foreclosure, Insurance, Lease/Rental Restrictions, Legal Decisions, Legislation, Municipal Services Act, New Jersey Cooperator, Speaking Engagements

BoothLogo (03361700)Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2014 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 7, 2013, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey. Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team.

Hill Wallack LLP Partner Caroline Record, Esq. is among the featured panelists of experts at the Educational Seminar titled “Breaking Bad – The Insiders Guide to By-Laws & Rules.” This seminar will discuss how by-laws and rules are the keys to maintaining a harmonious community, provided that they are reasonable and properly enforced. The panel will discuss the keys to drafting, enacting and enforcing by-laws and house rules. Topics to be explored include when to change by-laws/rules; the proper and legal method of changing them; the role of your association’s attorney; how your governing documents affect by-laws/rules, and much more.

For more information or to register to attend, click here!

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Karpoff and Sauter to Speak at the 2013 Community Association Law Summit

Posted by on Oct 31, 2013 in Alternative Dispute Resolution, Assessments, Board Meetings, Books and Records, CAI, Collections, Contracts, DCA, Legal Decisions, Legislation, Speaking Engagements

Hill Wallack LLP Partners Michael S. Karpoff, Esq. and Kenneth R. Sauter, Esq. will be speaking at the 2013 Community Association Law Summit. This seminar is presented in cooperation with the New Jersey Chapter of the Community Associations Institute and the New Jersey State Bar Association’s Real Property, Trust and Estate Law Section.

Mr. Karpoff will be speaking on “Negotiating and Drafting Community Association Contracts – Getting the Terms Right,” and Mr. Sauter will be speaking on “Have We Weathered the Financial Storm? Dealing with the Fair Debt Collection Practices Act, Foreclosures, Bankruptcies, Vacancies, and the Bell Tower Case.”

The Summit will be held at the New Jersey Law Center in New Brunswick, New Jersey, on Wednesday, November 6, 2013, from 9:00 a.m. to 4:30 p.m., and it has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 8.0 hours of CLE credit, of which 1.0 qualify for ethics/professionalism credit. CLE credit is also available for PA and NY, and CPE credits are also available.

For more information on this seminar or to register to attend, please click here.

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