N.J. Admin. Code § 5:26-8.12

Current through Register Vol. 56, No. 19, October 7, 2024

Section 5:26-8.12 - Open meetings

(a) The bylaws of the association shall include a requirement that meetings of the executive board where a binding vote of the executive board is to be taken shall be open to attendance by all association members and voting-eligible tenants, as applicable.

1. A binding vote is a vote made with a quorum of the executive board members present.

2. The board shall provide a brief explanation of the basis for and cost entailed in the matter that is the subject of any binding vote and include the explanation in the minutes for the meeting.

3. Associations may adopt a policy for comments by association members and voting eligible tenants during meetings. Such policy shall be applied uniformly.

(b) The association shall hold an annual meeting. Within seven days following the annual association meeting, the association shall post, and maintain posted throughout the year, an open meeting schedule of the executive board.

1. Such open meeting schedule shall be posted at the place or places at which notices are posted pursuant to (c) below and filed with the board member designated for administering association business.

2. The open meeting schedule shall contain the time, date, and locations of such meetings.

3. Notwithstanding a meeting cancellation pursuant to (h) below, any changes to the posted open meeting schedule shall be made at least seven days prior to the scheduled date and posted and maintained in the same manner as the original schedule.

(c) In addition to the posted open meeting schedule, adequate notice of at least seven days prior to any such meeting shall be given to all association members and voting eligible tenants, as applicable.

1. Such notice shall be provided as follows:

i. The notice shall be prominently posted in at least one place on the property that is accessible to all owners at all times;

ii. The notice shall be posted on the association's website and included in any association newsletter; or

iii. The notice shall be personally provided to each member or designee by mail, hand-delivery, or electronic means.

2. The notice shall be filed with the board member designated as responsible for administering association business. It shall be maintained by the executive board for a period of two years.

3. The notice shall include the following details:

i. The time, date, and location of the meeting;

ii. Agenda items to the extent known, which shall include items for discussion, items for action, and reoccurring items, such as passage of a budget.

4. An individual association member or designee may provide written notice to the board waiving any personal delivery of meeting notices. Such member or designee may rescind such waiver at any time by written notification to the board. Notwithstanding the meeting notice waiver, the member or designee shall be entitled to open meeting minutes as provided in (f) below.

(d) Every elected board member shall be provided equal opportunity to participate in any meeting of board members.

(e) The executive board may exclude attendance of all association members and voting eligible tenants at meetings, or portions of a meeting.

1. The exclusion under (e) above shall only be for discussion of any matters listed in this paragraph:

i. Those in which disclosure would constitute an unwarranted invasion of individual privacy;

ii. Pending or anticipated litigation or contract negotiations;

iii. Those involving employment, promotion, discipline, or dismissal of a specific employee or officer of the association; and/or

iv. Those falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his or her ethical duties as a lawyer.

2. A vote taken at a closed meeting shall not be binding. If the matter requires a binding vote, it shall be taken at a subsequent open meeting in a manner that does not disclose any confidences.

3. If the closed meeting is to be part of an open meeting, the closed portion shall be convened either before the open portion or at the end of the open meeting portion of the agenda.

(f) Minutes for the open sessions of meetings shall be taken for each meeting.

1. The minutes shall be legible.

2. The minutes shall include the board members present and their titles.

3. The minutes shall include clear identification of any matters addressed.

4. The minutes shall include clear identification of any matters voted on at the meeting, a record of the votes, and a brief explanation of the basis for and cost entailed in the matter which is the subject of the vote.

5. The minutes shall be made available to association members in a timely manner before the next meeting and may be identified as "draft" or "unapproved."

6. If a meeting is recorded electronically, a written record shall be taken of the matters addressed and the matters voted on. Association members shall have access to the electronic recording for 30 days from the date the written minutes are approved, as well as the written record, including the right to make a copy of electronic or written records.

(g) When a meeting of the executive board is required to deal with matters of such urgency and importance that delay for the purpose of providing seven days advance notice would be likely to result in substantial harm to the interests of the association and provided that the meeting is limited to discussion of, and acting with respect to, such matters of urgency and importance, notice of the emergency meeting shall be deemed to be adequate if it is provided as soon as possible following the calling of the meeting by posting in accordance with (c) above.

1. The executive board shall maintain, on the record, the facts establishing the emergency and any prior knowledge of the condition.

2. Minutes for emergency meetings shall be taken and made available to members of the association in accordance with (f) above.

(h) When the board has determined to cancel a scheduled open meeting, it shall post notice of the cancellation at the meeting site by the time the meeting is scheduled to begin. The Board shall promptly post the notice of cancellation at the location on the property where notices are posted and, if applicable, its website.

1. The notice shall state when the meeting will be held and the reason for the cancellation.

2. If the start time is delayed, notice of the new time shall be posted at the meeting site to provide notice of the delay to those attending.

N.J. Admin. Code § 5:26-8.12

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

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