N.J. Admin. Code § 5:26-8.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 5:26-8.11 - Appointments, removals, and executive board vacancies

(a) Elections shall comply with State laws and the bylaws of the association.

(b) A board member shall be removed only in accordance with the bylaws or by the board for good cause directly impacting the member's ability to serve.

1. The board shall not remove an elected member for disagreeing with the majority or for violating any confidentiality agreement without affording the elected member Alternative Dispute Resolution (ADR) in which the ADR provider concludes from substantial credible evidence that there was a breach that adversely affected the interests of the association members as opposed to that of the executive board.

(c) In associations with 50 or more units, the board shall not appoint, and a designee shall not accept, an executive position through appointment, except as provided at (c)3 below.

1. An extension of an existing term by the board shall be deemed equivalent to an appointment and shall be prohibited.

2. This subsection shall not apply to any permissible appointment made by the developer pursuant to Section 5 of P.L. 1993, c. 30 (N.J.S.A. 45:22A-47).

3. This subsection shall not prevent the board from filling a vacancy in the executive board created by resignation, death, or failure to maintain reasonable qualification to be an executive board member, including maintaining good standing, or following a vote in favor of removal open to all association members in accordance with the terms of the bylaws. Any executive board position that has been filled by an appointee in such instances shall be subject to election within a year following such appointment.

(d) Association members may remove a board member who was elected by the unit owners by submitting to the board a petition signed by a minimum of 51 percent of association members for removal of that board member.

1. A special election of the association membership shall be held within 60 days of receipt of the petition.

2. When the annual meeting of the association membership is scheduled to occur within 60 days of the submission of the petition, then the election shall be held at the annual meeting.

(e) Notice of the special election meeting shall be provided to all association members and voting eligible tenants at least 14 days prior to the date of the meeting.

1. The meeting shall be scheduled at a reasonable date and time of day to allow most association members to attend.

2. The ballot shall be drafted in accordance with N.J.A.C. 5:26-8.9(l)1 iv.

3. At least 14 days prior to the meeting, the ballot shall be mailed, hand delivered, or if bylaws permit, and the owner consents, electronically delivered to all association members together with the notice of the meeting.

4. If the bylaws permit, the notice of the meeting shall include an absentee ballot with instructions for returning the ballot. If the bylaws provide for a proxy ballot, an absentee ballot shall also be included.

i. The instructions shall allow return of the proxy or absentee ballot by facsimile or electronic means and shall not require receipt of the ballot more than one business day prior to the meeting.

N.J. Admin. Code § 5:26-8.11

Adopted by 52 N.J.R. 1057(a), effective 5/18/2020

Amended by 55 N.J.R. 1381(a), effective 7/17/2023