N.J. Admin. Code § 5:26-8.13

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:26-8.13 - Amendments to the bylaws

(a) The bylaws shall detail the method in which the bylaws may be Adopted.

(b) No amendments to the bylaws shall be effective until they are recorded in the same county Clerk's Office as the existing bylaws.

1. The amendments to the bylaws shall be recorded in the same county Clerk's Office as the existing bylaws in a timely manner. The association shall maintain a record of the filing, which shall be available to any owner or designee of an owner, upon request.

2. An association that is not required to file bylaws with the county clerk's office shall not be required to record its bylaws in the county clerk's office. Such an association shall provide a full set of all validly adopted bylaws and any amendments to owners at the time of closing, and a copy of the bylaws shall be available to any owner or designee of an owner upon request.

(c) If the bylaws do not provide an amendment method by a vote of association members that is open to all association members, or if they provide for an amendment by more than a two-thirds majority, the association members may amend the bylaws by a vote of the majority of the total authorized votes in the association.

(d) The majority shall be determined based on association membership in good standing at the time of the vote.

(e) If the bylaws do not provide a method through which association members may call a meeting of association members to conduct a bylaws amendment vote or a vote concerning the provisions of N.J.A.C. 5:26-8.10, 8.11, and 8.12, the method shall be as follows:

1. A petition shall be signed and submitted to the executive board by not less than 15 percent of the association members to request a special meeting;

2. A special meeting of the association membership shall be held within 60 days of receipt of the request; and

3. If the annual meeting of association membership is scheduled to occur within 60 days of the request, the amendment vote shall be held at that meeting.

(f) Notice of the meeting to amend the bylaws, as set forth in this subsection, shall be provided to all association members and voting eligible tenants at least 14 days prior to the date of the meeting.

1. Such notice shall prominently state that it is for a proposed amendment to the bylaws and include a copy of the proposed language.

2. The amendment shall be drafted in clear language and in a manner that is consistent with the association's bylaws and applicable laws.

3. The amendment shall be mailed, hand delivered, or if bylaws permit, electronically delivered together with the notice of the meeting at least 14 days prior to 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. The instructions shall allow return of the proxy or absentee ballot by facsimile or electronic means provided that such return protects the anonymity of the voter. The association shall not require receipt of the ballot more than one business day prior to the meeting.

(g) If an insufficient number of ballots or proxies are received at the special meeting or annual meeting to determine whether the proposed amendment has been approved or rejected, then the meeting shall be adjourned for 30 days or longer, as approved by the association membership.

1. The bylaws of the association shall provide for the percentage of association members required to determine the period of adjournment.

2. The period between the original special meeting or annual meeting and the next special meeting for the amendments to the bylaws shall not be longer than 11 months from the date the notice of the meeting was sent.

3. If the proxies or ballots received prior to the extension date are valid under the bylaws, then they remain valid for the upcoming special meeting or annual meeting.

(h) An amendment proposed by the association board shall be considered defeated if, when the association board provided notice to all association members of the proposed amendment, a ballot to reject the amendment was included and at least 10 percent of the association members in good standing voted to reject the amendment within 30 days of the mailing.

1. The board's proposed amendment shall include a notice that the amendment will fail only if at least 10 percent of the association members in good standing vote to reject the amendment.

(i) When an amendment is approved, a copy shall be provided to all association members and the association shall record it in the county recording office where the bylaws were originally recorded, or in the county recording office where the property is situated where the bylaws have not been previously recorded.

(j) An executive board shall not amend the bylaws without a vote open to all association members or as detailed above except to the extent necessary to render the bylaws consistent with State, Federal, or local law.

N.J. Admin. Code § 5:26-8.13

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

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