By Jonathan H. Katz, Esq.

Hill Wallack LLP’s Condo FAQs is a continuing series in which we answer frequently asked questions (FAQs) pertaining to condominiums, cooperatives and homeowners’ associations. These FAQs relate to various issues that include interpretation of governing documents, board meetings, suspension of privileges, collections, or bankruptcy and foreclosure.

Question:  As members of an association board in a condominium, can we restrict attendance at board meetings or portions of board meetings where we discuss sensitive issues, such as collections or litigation?

Answer:  Pursuant to the New Jersey Condominium Act, N.J.S.A. 46:8B-13, an association’s board should not exclude or restrict attendance by association members at meetings, or portions of meetings, unless the subject matter to be discussed involves: (1) any matter implicating an individual’s privacy; (2) pending or anticipated litigation or contract negotiations; (3) any matter falling within the attorney-client privilege; or (4) any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee of the association. In addition an association board may not take binding action or votes at any conference or working sessions of the board, or at any executive session, unless the decisions and votes pertain to the four issues listed immediately above.

If you have a question that you would like us to address, please e-mail it to us, along with your name and your association, to