New Jersey § 45:22a-45

§ 45:22a-45.

a. An association shall hold executive board elections in accordance with the provisions

of its governing documents, including validly-adopted executive board rules, that

do not conflict with the provisions of this section. If such documents do not set a specific time or interval, the elections shall be

held at two-year intervals. If an association has not held an election in compliance with its governing documents

in two or more years, it shall hold an election within 90 days of the submission to

any current executive board member of a petition signed by 25 or more percent of association

members in good standing, but in no event less than the number of association members

required to meet the quorum requirements set forth in the governing documents. If an association has no executive board members and association members fail to

act on petition or by majority, any association member or group thereof, at common

expense and, upon written notice to all owners, may petition a court of competent

jurisdiction for authority to act temporarily in the interests of the association

and to organize and hold an election within 90 days of the date of the court order. Any proxies used by an association must contain a prominent notice that use of the

proxy is voluntary on the part of the granting owner, that it can be revoked at any

time before the proxy holder casts a vote, and that absentee ballots are available. An association may not use proxies for an executive board member election without

also making absentee ballots available. b. An association of a development with fewer than 50 units shall ensure an executive

board election system that includes: (1) the provision of election notice, (2) the

provision of the ability to nominate and vote for any association member in good standing,

(3) the provision of an opportunity to review any candidacy qualifications such that

the owner is permitted to be a candidate for election to the board, (4) the provision

of ready access to information on when and how to vote, and (5) the counting of ballots

and verification of eligibility to vote, all of which shall be conducted in a non-fraudulent

manner. Such association shall also be subject to the requirements of paragraphs (9) and

(10) of subsection c. of this section. c. In order to ensure open and fair executive board elections, the following provisions

of this subsection shall apply to all associations of developments with 50 or more

units, except for paragraphs (9) and (10), which shall apply to associations of all

developments. (1) An association shall not provide for a term of an executive board member to be

for more than 4 years, provided that nothing shall prevent an executive board member

from continuing to serve until his or her successor is duly qualified and elected. (2) An association shall not prohibit a voting-eligible tenant, where applicable,

from casting a vote allocated to a unit if the bylaws otherwise permit tenant participation

in an election of executive board members nor prohibit an individual acting pursuant

to a valid power of attorney or proxy from casting a vote. (3) An association shall provide written notice to all association members no later

than 30 days prior to the date for the mailing of the notice of the meeting set forth

in paragraph (5) of this subsection that informs association members of the right

to nominate themselves or other association members in good standing for candidacy

to serve on the executive board. (4) An association, subject to the exceptions under subsection f. of this section,

shall not prohibit an association member in good standing from nominating himself

or herself, or any other association member in good standing as a candidate for any

membership position on the executive board, so long as the nomination is made prior

to the mailing of ballots or proxies to the association members, which mailing shall

occur no earlier than: (a) the day following the expiration of the time period within

which candidates must be nominated, or (b) where no expiration date is set forth for

nomination of candidates, then the business day prior to the mailing of the notice

of the election, required pursuant to paragraph (5) of this subsection. The period for submitting nominations shall not be less than 14 days from the mailing

of the request for nominations. (5) An association shall provide association members written notice of an election

by personal delivery, mail, or electronic means, no less than 14 nor more than 60

days prior to the meeting at which an election of executive board members is scheduled. This notice shall include a proxy ballot and an absentee ballot, unless prohibited

by the bylaws, which ballots shall list in alphabetical order by last name the names

of all candidates nominated pursuant to paragraph (4) of this subsection. In the case of mailing, the notice shall be effective when deposited in the mailbox

with proper postage. The notice may only be sent by electronic means if either (a) the affected association

member, or voting-eligible tenant where applicable, has agreed in writing to accept

notice by electronic means; or (b) the governing documents permit electronic notices,

provided another form of voting by absentee balloting or proxy voting is available. (6) An association shall use ballots, whether paper ballots or electronic ballots,

that contain the names of all persons nominated as a candidate for the executive board. (7) An association shall not prohibit any association member in good standing, or

voting-eligible tenant where applicable, subject to the exceptions under subsection

f. of this section and any limitation on the number of votes per unit permitted under

paragraph (9) of this subsection, from voting for any nominated candidate in an executive

board election. (8) An association shall not prevent voting for an executive board member by electronic

means where the executive board determines to employ voting in such manner and an

association member, or voting-eligible tenant where applicable, consents to casting

a vote in such manner. (9) An association shall not provide for an allocation of votes other than one vote

for each unit, or such larger number of equal votes per unit as may be set forth in

the governing documents of the association, except (a) where the bylaws or other governing

document provide for the voting interest to be proportional to a unit’s value or size,

(b) where the governing documents permit more than one vote to be cast by each unit

on an equal basis or a basis consistent with each unit’s value or size, or (c) where

the governing documents do not set forth the number of votes that may be cast by each

unit, then in accordance with a rule adopted by the executive board that allows more

than one vote to be cast by each unit, provided such rule assigns an equal number

of votes to each unit. (10) Election procedures shall not be established or administered in any way to prohibit

participation by the residents of low or moderate income housing units. d. Initial executive board elections in condominium associations, governed under the

“Condominium Act,” P.L.1969, c. 257 ( C.46:8B-1 et seq. ), shall follow the notice timeline under subsection b. of section 2 of P.L.1979,

c. 157 ( C.46:8B-12.1 ), and shall not be subject to this section. e. Whether or not formed as a nonprofit corporation, associations of developments

of 50 or more units shall conform to the requirements of the “New Jersey Nonprofit

Corporation Act,” P.L.1983, c. 127 ( N.J.S.15A:1-1 et seq. ) regarding the counting of ballots. f. (1) It shall be permissible for the bylaws of the association to provide: (a) for the association members, and voting-eligible tenants where applicable, of

a planned real estate development with units of different use types to nominate and

vote for some members of the executive board and, pursuant to the mixed-use development's

governing documents, have other members of the executive board nominated and elected

by association members and voting-eligible tenants of units of a different use type; (b) for the association members, and voting-eligible tenants where applicable, of

a planned real estate development to nominate and vote only for some members of the

executive board based upon a distribution that allocates votes with approximate proportionality

to the number, value, or size of units located in certain geographical areas within

the development; (c) for a limitation on the number of executive board members nominated and elected

by only certain association members, and voting-eligible tenants where applicable,

if that limit is based upon a classification intended to further the election of one

or more executive board members by the association members, and voting-eligible tenants

where applicable, of affordable housing units that represent a minority of the units

in a planned real estate development; (d) for the association members, and voting-eligible tenants where applicable, of

a planned real estate development to nominate and vote for some members of the executive

board and, pursuant to the governing documents, have other members of the executive

board nominated and elected by the association members, and voting-eligible tenants

where applicable, of one or more separate developments, so long as each development's

voting weight is approximately proportional, based on the number, value, or size of

the units; and (e) that, except for executive board members serving as representatives of the developer

during the period prior to surrender of control to the owners pursuant to section

5 of P.L.1993, c. 30 ( C.45:22A-47 ), not more than one owner, entity-owner representative, or voting-eligible tenant

where applicable, from a single unit may serve on the governing board simultaneously; (2) The executive board of an umbrella or master association that does not directly

contain units need not be elected by individuals who are association members, and

voting-eligible tenants where applicable, with units within the geographical area

of the umbrella or master association, provided the members of the executive board

serve as executive board members of another planned real estate development executive

board, and have been nominated and elected by the association members, and voting-eligible

tenants where applicable, with units in that planned real estate development, in compliance

with this section. (3) Except with regard to a planned real estate development containing fewer than

50 units, and any appointment by the developer permitted pursuant to section 5 of P.L.1993, c. 30 ( C.45:22A-47 ), an association shall: (a) not allow a person to take an executive board position through appointment, provided

that nothing herein shall prevent the executive board members of an association from

filling a vacancy in the executive board created by resignation, death, failure to

maintain any reasonable qualification, including maintaining good standing, to be

an executive board member or by removal following a vote in favor of removal open

to all association members in accordance with the terms of the bylaws; and (b) ensure that, in order to serve on the executive board, a person shall be elected

through a process that does not conflict with the provisions of this section.