August 2025

August 2025 Community Trends ®

Checks, Balances & Bylaws...

THE GOVERNANCE ISSUE

bauhaus1000iStock/Getty Images Plus

• Collections & Elections • Don’t Let Your Next Annual Meeting Fall into Madness • E-Voting Challenges • Governance Cheat Sheet ... and more! In This Issue

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The Community Associations Institute New Jersey chapter would like to thank its 2025 Ultimate Partners below. For more information on our sponsorships, please contact CAI-NJ at 609-588-0030 or info@cainj.org.

THANK YOU FOR YOUR SUPPORT!

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS

14 Collections & Elections

By Caroline Record, Esq., CCAL Greenbaum, Rowe, Smith & Davis LLP 24 Don’t Let Your Next Annual Meeting Fall into Madness By Ruth Ingoldsby, CMCA, EBP Vote HOA Now 32 E-Voting Challenges By David W. Merritt, Esq. McGovern Legal Services, LLC 36 Governance Cheat Sheet By Nicole Martone, CMCA, AMS, PCAM, EBP Towne & Country Management, Inc. 42 Management Trends: Leadership and Mentoring in Property Management

14

24

By Michelle Ricardy, CMCA, AMS Towne & Country Management, Inc.

EXTRAS President’s Corner Looking Ahead

5 6 7 8

32

CAI-NJ Upcoming Events

Legislative Update

Beach Sponsor Announcement

11 12 13 13 17 29 35 41 43

Beach Party Registration

Chapter Trends

F.A.S.T. Pickleball Palooza — Register Now! Dennis R. Casale Golf Outing Recap & Photos

F.A.S.T. Olympics Recap & Photos

36

2026 Committee Sign-ups

2026 CAI-NJ Board of Directors Nomination Form

Conference Kick-Off — Save the Date!

2025 Conference & Expo: Register Now!

45 46 47 48

Schedule of Events

Managers All Access Pass

Why Should Homeowners Attend?

42

New Members 52 Ultimate Night Out Homeowner & Board Member Registration 51 F.A.S.T. School Supply Drive 53 Summer Pints with PAC Registration 55 2025 Ultimate Partner Listings 56

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3

AUGUST 2025

CAI-NJ BOARD OF DIRECTORS

EXECUTIVE COMMITTEE

VICE PRESIDENT JOSEPH CHORBA, CPA WILKINGUTTENPLAN

PRESIDENT ELECT RYAN FLEMING, CIRMS, EBP THE BALDWIN GROUP

PRESIDENT STEVEN MLENAK, ESQ. GREENBAUM, ROWE, SMITH & DAVIS, LLP

SECRETARY CHERYL RHINE, CIC, CIRMS, EBP USI INSURANCE SERVICES

TREASURER MICHAEL FLIPPIN, CMCA, AMS, PCAM INTEGRA MANAGEMENT CORP., AAMC

BOARD MEMBERS

Mary Barrett, Esq. Stark & Stark, P.C. Business Partner Bruce Blum Canal Walk Homeowners Association Homeowner Leader Kristina Munson, PCAM RCP Management Company, AAMC, AMO Management Company

Erin O’Reilly, CMCA, AMS, PCAM FirstService Residential Community Association Manager Robert Travis, CIRMS Long Beach Commons Condominium Association Homeowner Leader

IMMEDIATE PAST PRESIDENT Christopher Nicosia, CMCA, AMS, PCAM RCP Management Company, AAMC, AMO

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

PRESIDENT’S CORNER

Steven Mlenak, Esq. 2025 CAI-NJ PRESIDENT GREENBAUM, ROWE, SMITH & DAVIS, LLP

CAI-NJ TEAM

ANGELA KAVANAUGH CHAPTER EXECUTIVE DIRECTOR ANGELA@CAINJ.ORG JACLYN OLSZEWSKI DIRECTOR, CONFERENCE & EVENTS JACLYN@CAINJ.ORG ROBIN SURGENT DIRECTOR, MEMBERSHIP DEVELOPMENT ROBIN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS EDITORIAL & WEBSITE MANAGER BROOKE@CAINJ.ORG JOCELYN GARLOCK PROGRAMS & EVENTS COORDINATOR JOCELYN@CAINJ.ORG HELEN KIECHLIN MARKETING & MEMBER RELATIONS COORDINATOR HELEN@CAINJ.ORG

O ver the past several months, CAI has experienced a remarkable period of growth and achievement, thanks in large part to the exceptional dedication of our staff and the tireless efforts of our committed volun teer leaders. There have been numerous highlights that stand out and demon strate the collective impact of our community. One of the most significant developments has been the successful launch of our online Board Leadership Development course. This invaluable resource is

available free of charge to all of our members, a milestone made possible by the countless hours generously contributed by our CAI-NJ Board of Directors as well as the members of our New Jersey Legislative Action Committee (NJ-LAC) and Homeowner Leader Committees. Their unwaver ing commitment to supporting and

“Our calendar this summer has been filled with a series of vibrant and memorable events...”

Contact CAI-NJ

empowering the education of our members is evident in the quality and accessi bility of this program. For those interested in exploring or enrolling in the course, additional information can be found on our website at www.cainj.org. In legislative news, our NJ-LAC achieved a noteworthy victory with the unani mous approval of S3992. This important bill addresses and clarifies some of the more misunderstood aspects introduced by the recent capital reserves funding legislation that came into effect last year. To gain a deeper understanding of the bill’s impact and its implications for our members, I encourage you to read the insightful article by NJ-LAC Chair Matthew Earle, Esq. which is featured on page 8. Our calendar this summer has been filled with a series of vibrant and memo rable events, each contributing to the dynamic spirit of our organization. Both June and July saw the successful execution of beloved gatherings, including the annual Dennis R. Casale Memorial Golf Outing, the lively PAC the Haus fundraiser in Belmar, the New Member Open House offering a warm welcome to newcomers, the educational High-Rise Site Tour, and the eagerly anticipated F.A.S.T. Olympics. This last event, in particular, is a personal favorite of mine each year, and I was genuinely disappointed to have missed it this time. The success of these events is a testament to the hard work and enthusiasm of our outstanding staff and the dedication of our amazing community leaders, all of whom make these moments possible.

ADDRESS CAI-NJ

500 HARDING ROAD FREEHOLD, NJ 07728 PHONE 609-588-0030 FAX 609-588-0040 WEB WWW.CAINJ.ORG EMAIL INFO@CAINJ.ORG

CAI-NJ on Social Media

www.facebook.com/ CAINJCHAPTER Community Associations Institute - New Jersey Chapter

@cainewjersey

CONTINUES ON PAGE 58

CAI-NJ

5

5

AUGUST 2025

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

I hope you are enjoying your summer and staying cool. At the chapter we are already planning for 2026 and that includes accepting applications for nominations to the CAI-NJ Board of Directors and forming our chapter committees. The CAI-NJ Board of Directors currently has two (2) board seat openings beginning January 1, 2026. Homeowner Leader and Community Association Manager members are invited to submit their names to the Nominating Committee for consideration for nomination to the CAI-NJ Board of Directors. If you are interested in serving on this dedicated board of directors, further information can be found at, www.cainj.org/board-of-directors/ 2026 Committee Sign-Ups are currently avail able. THANK YOU to all our devoted 2025 committee members! Our chapter is extremely fortunate to have over 200 volunteers sitting on our committees, creating events and edu cational programs, to enhance the value of your CAI-NJ mem bership. Whenever I am asked by our new members what is the best way to get the most out of their CAI-NJ membership, I tell them to join a committee. I believe that you will get back what you give and by giving your time to participate on one of our 12 committees, you will have the opportunity to meet some amazing people while building your industry network. New for 2026, we have restructured a few of the committees into two event-based committees, making them more effective while enhancing participation. The Summer Events Committee will plan the Dennis R. Casale Memorial Golf Outing and the Beach Party and the Winter Events Committee will be responsible for the Annual Awards Celebration and the Winter Break Party. Please visit www.cainj.org/committees/ for details and to register to volunteer for the one that best suits you. • Business Partner Committee – This committee, com prised solely of Business Partner members, strives to enhance the chapter benefits offered to not only busi ness partners but community association managers and

“Our chapter is extremely fortunate to have over 200 volunteers sitting on our committees...”

homeowner leaders as well, by creating educational opportunities and providing networking opportunities to foster relationships within the industry. • Conference & Expo Committee – This two-day event begins with the Conference Kick-Off networking event followed by the Conference & Expo, with over 1,100 attendees. Assist in the planning and execution of the chapter’s signature event and ensure that community asso ciation board members and managers are offered timely education while learning what’s trending in the industry. • Editorial Committee – The chapter’s monthly magazine, Community Trends ® , the official median of communica tion for the chapter, is a valuable resource for all three Membership Representation Groups (MRGs) of CAI. The Editorial Committee is responsible for soliciting, reviewing, and editing all articles for publication in the magazine. • Future All Star Team (F.A.S.T.) Committee – The dedica tion and energy of involved young professionals is what allows this committee to accomplish their goals. Their focus is on civic outreach and charitable fundraising. Through networking activities, they make a significant difference in our communities. The committee plans and executes the Annual Olympics and Pickleball event, rais ing donations for Make-A-Wish New Jersey in addition to clothing and school supply drives throughout the year. • Homeowner Leader Committee – This committee, com prised solely of common interest community (CIC) board members, creates benefits, networking opportunities and educational programs on issues directly affecting home owner leaders. CONTINUES ON PAGE 49

6

AUGUST 2025

2025 Events & Education Calendar

AUGUST Thursday, August 7th Summer Pints with PAC Homestead Bar + Kitchen, Morristown Thursday, August 21st Ultimate Night Out Jersey Shore BlueClaws Stadium, Lakewood

OCTOBER Wednesday, October 15th Conference Kick-Off Sheraton Edison Thursday, October 16th Conference & Expo New Jersey Convention & Exposition Center, Edison Tuesday, October 28th Coffee & Cram - CMCA Study Group CAI-NJ Headquarters, Freehold

SEPTEMBER Thursday, September 11th Beach Party Martell’s Tiki Bar, Pt. Pleasant

DECEMBER Thursday, December 11th Annual Meeting & Chapter Retreat

Wednesday, September 17th Joint Best Practices Roundtable Concordia Homeowners Association, Monroe Twp. Thursday, September 25th F.A.S.T. Pickleball Palooza Robbinsville Pickle House, Robbinsville Twp.

Grand Marquis, Old Bridge Thursday, December 11th Winter Break Party Grand Marquis, Old Bridge

Register for these and other events at www.cainj.org All events are subject to change .

A big thank you to all those who attended our recent new member open house!

NEW MEMBER OPEN HOUSE

7

AUGUST 2025

LEGISLATIVE UPDATE

MATTHEW Z. EARLE, ESQ. KATES, NUSSMAN, ELLIS, FARHI & EARLE, LLP LEGISLATIVE ACTION COMMITTEE CHAIR

T he theme of this month’s magazine is “Checks, Balances, and Bylaws — the Governance Guide.” In my legal practice, I have definitely seen a push in the last year or so by many associations seeking to update their original bylaws. I typically suggest a “two-step” pro cess: (1) have the board make all amendments required by law in an open board meeting; and, (2) submit whatever other revisions that may be desirable to a vote by the own ers either in a special meeting or pursuant to the negative vote protocol. However, there is a third voting protocol that is often overlooked and which may be useful in some scenarios. This protocol involves taking action on written consent without a meeting. The advantage of this process is that in a Title 15A corporation (like most condominiums and HOAs), the vote can be “left open” nearly indefinitely until enough unit owners sign off. N.J.S.A. 15A:5-6 states, in pertinent part, that: Except as otherwise provided in the certificate of incorporation or bylaws and subject to the provisions of this subsection, any action required or permitted to be taken at a meeting of members by this act, the certificate of incorporation, or bylaws, other than the annual or biennial election of trustees, may be taken without a meeting upon the written consent of members who would have been entitled to cast the minimum number of votes which would be necessary to autho rize the action at a meeting at which all members entitled to vote thereon were present and voting, if (1) the corporation provides to all other members advance notification setting forth the proposed action consented to, (2) the proposed action is not consummated before the expiration of 10 days from the giving of the notice and 20 days from the giving of the notice in the case of any action taken pursuant to chapter 10 of this act, and (3) the notice sets forth the existence of such 10-day period.

For the action on written consent to be successful, the association must assume that 100% of owners voted and must reach the majority required by the amendment provi sion of the bylaws. For example, if the bylaw amendment provision requires a vote of a majority of members at a meeting at which a quorum is present, then in order to succeed you must obtain the consents of a majority of ALL owners. Typically, this is not an issue as many bylaw

“This process may be very useful in scenarios where an amendment may be rejected under the Radburn 10% negative vote protocol...”

amendment provisions are already based on a plurality based on all owners, not just those in attendance at a meeting where a quorum is present. Typically, the process would be as follows: 1. The board approves an appropriate resolution condi tionally approving the bylaw amendments and submit ting same to the consent procedure; 2. A solicitation to owners is sent, and consents are collected; 3. When the requisite amount of consents are obtained, the 10-day notice is sent to all owners and the action is taken upon the expiration of the 10-day period. This process may be very useful in scenarios where an amendment may be rejected under the Radburn 10% neg ative vote protocol, but where it may be difficult to obtain a supermajority vote in a special meeting. It is also useful in smaller associations to avoid the time and expense of having to conduct a special meeting.

CONTINUES ON PAGE 44

8

AUGUST 2025

2025 CAI-NJ COMMITTEES

AWARDS Lindsay Cupples, EBP — Chair Christine Maldonado — Vice Chair Kim Dempsey Michael Bedziner Liz Bonafide Jeanine Clark, Esq. Drew Cowley Kristi Evans

EDITORIAL Casey Noon — Chair Damon Kress, Esq. — Vice Chair Pushpa Agrawal Justine DelVecchio David Dockery, Esq. Nicole Martone, CMCA, AMS, PCAM Michael Mezzo, CPA, MBA Steve Morris, PE, RS Andrew Podolski, Esq. Patricia Polak Kerri Stimpson, CMCA Board Liaisons: Mary Barrett, Esq. Erin O’Reilly, CMCA, AMS, PCAM Staff Liaison: Brooke Stoppiello-Nevins EVENTS Randy Vogel — Chair

GOLF OUTING Jasmin Shelton — Chair Sal Iozzia — Vice Chair Chris Belkot Martin Cabalar, Esq. Bill Cohen Lorenzo Cullari, AICP

MANAGER Mariaellen Varelis, CMCA — Chair Erin Spilliotopoulos, CMCA, AMS — Vice Chai r Raymond Barnes, CMCA, AMS, PCAM Jacqueline Grant, CMCA Chuck Graziano, PCAM Katherine Henriques Richard Mattalian, CMCA, AMS, PCAM Laurie Nieliwocki, CMCA, AMS Danyel Penix, CMCA Scott Shelby Elaine Warga-Murray, CMCA, AMS PCAM, MA Board Liaisons: Michael Flippin, CMCA, AMS, PCAM Erin O’Reilly, CMCA, AMS, PCAM Staff Liaisons: Jaclyn Olszewski Robin Surgent MEMBERSHIP Steve Roderick, EBP — Chair Melissa Lloyd, CMCA, AMS — Vice Chair

Todd Edelman Marty Ehrlich

Anthony Farber, Esq. Robert Galano, R.C.S Nick Haralambopoulos, CPA

Chris Fernandes, EBP Donna Fiore, CMCA Kristin Guinan Jenny Hollingsworth Lisa Komitor Kristin Marzarella-Amato Paul Migliore Tony Nardone, MBA, PCAM Matt Pfister Michael Polulak, Esq. Michael Sturchio Ryan Weiner Paul Wojciechowski Andrew Woller Board Liaisons: Cheryl Rhine, CIC, CIRMS, EBP Robert Travis, CIRMS Staff Liaisons: Jocelyn Garlock Jaclyn Olszewski HOMEOWNER LEADER Thomas Krieger — Chair Barbara Finn — Vice Chair Gerald Bajc Roz Brodsky

Kari Prout, CMCA Ross Rutman, EBP

Jodi Smallwood, EBP, RS Eileen Szelewicki, CMCA Board Liaisons: Ryan Fleming, CIRMS, EBP Steve Mlenak, Esq. Staff Liaisons: Jocelyn Garlock Jaclyn Olszewski BUSINESS PARTNER John Prisco, Esq., EBP — Chair Joe Bonafede Jason Ciavarro, EBP Glenn Fedale, Sr., EBP Frank Gencarelli Cory Haynes Dave Kiessling, RS, EBP Michael Kraner Sally McCray Francis McGovern, Esq. Chris Merkler Jonathan Moscou Christopher Lugara, Esq., EBP Michael Vargetto David Velasco, EBP Gregory Vinogradsky, Esq., EBP Chris Welch Board Liaisons: Joe Chorba, CPA Ryan Fleming, CIRMS, EBP Staff Liaisons: Jaclyn Olszewski Robin Surgent CONFERENCE & EXPO John Echelmeier — Chair George Caso Martinez — Vice Chair Shelia Adams, CMCA, AMS Tom Anzalone Tavarious Butts, EBP Ellen Comiski, CMCA Saher Gouda, EBP Helene Kelly Heather McLean, Esq. Jerome Quagliozzi Holly Teufel, CMCA, AMS Board Liaisons: Bruce Blum Kristina Munson, CMCA, AMS, PCAM Brian Aubrey, PCAM Martin Bahner, EBP Marie Bridgeforth Jay Burak Jordan Burkhalter, CPA

Nicole Ancona Arun Ayyagari Tim Bruchez Dean Catanzarite Diane Cody, CMCA, PCAM Marty Conway Frank Fasolo, IV Clarissa Garito

Tara Baldwin, CPA Andrew Batshaw Elysa Bergenfeld, Esq. Megan Brazil, EBP Jeffrey Cuevas Nikki Gist Nat Ismaeil

Anthony Gjergji, Jr. Freedom Hildreth Jaclyn Kavendek Neil Lehane Maria Mikowski Bob Morrison, MBA, EBP Debbie Pasquariello, CIRMS, EBP Evelyn Quiles Jessica Rauch Laura Seeley Melissa Volet, Esq. Matt Wright Jill Zulin Board Liaison: Kristina Munson, CMCA, AMS, PCAM

Kim Manicone, EBP Francisco Marcucci Andrew Newman, CMCA, AMS, PCAM Kathleen Radler Michael Ragusa Brent Rivenburg, EBP Michael Ryan Lawrence Sauer, CMCA, PCAM, CPM

Charles Fredericks Kenneth Freeman

Denise Schiera Ryan Trembley Board Liaison: Joe Chorba, CPA Staff Liaisons: Robin Surgent

Lois Gerber Carl Kentzel

Marcia Klioze Richard Lans Hazel Thomas-Ryan Board Liaisons: Bruce Blum Robert Travis, CIRMS Staff Liaisons: Jaclyn Olszewski Robin Surgent LEGISLATIVE ACTION COMMITTEE (LAC)/PAC Matthew Z. Earle, Esq. — Chair Edward San George, PCAM — Vice Chair Jackie Thermidor, CMCA, AMS, PCAM — Secretary Mohammed Salyani, CPA — Treasurer Elizabeth Comando, CMCA, PCAM — PAC President Andrew Podolski, Esq. — PAC Vice President James Rademacher, EBP — PAC Committee Jennifer Alexander, Esq. Roslyn Brodsky Barbara Drummond, CMCA, PCAM Mitchell Frumkin, RS Karyn Kennedy-Branco, Esq. Terry Kessler, Esq. Richard Milder Christopher Nicosia, CMCA, AMS, PCAM

Staff Liaisons: Jocelyn Garlock Jaclyn Olszewski F.A.S.T

NORTH JERSEY REGIONAL Vincent Rapolla, AMS, PCAM — Chair Michael Luzzi, CIRMS, EBP, CPIA — Vice Chair Robert Arnone, CMCA, AMS, MRSE, CPM Brandon Bare Bill Beyer David Cerqueira, Esq. Steve Fega Jason Hirkaler Cara Landolfi, Esq. Rick Lang Stacey Patterson, Esq.

Eric Eggert, CIRMS, CIC, EBP — Chair Chelsea Brodmerkel, EBP — Vice Chair

Adara Azeez Jon Cairone Melanie Donnoli, EBP Rebecca Gavin Sean Kovatch Steven Kuhnert Mary Ellen Liberatore, Esq. Will Meola, RS Jessica Long Matt Manners Marian Miawad

Nika Postnikov Frank Santiago Jason Sponzilli Board Liaisons: Joe Chorba, CPA Michael Flippin, CMCA, AMS, PCAM Staff Liaisons: Jaclyn Olszewski Robin Surgent WOMEN’S LEADERSHIP Linda Courain, CMCA, AMS — Chair Nikki Schillaci, EBP — Vice Chair Briana Arvay Catherine Brennan, Esq. Jennifer Carr Jamie Cullen-DeVries, CMCA, AMS Beth Duffy, CMCA Dena Hendry Jessica Kizmann, CPA Lirelle Klein Shannon McCormick Tricia McMahon Rachel Neves, EBP Anita Rothery Board Liaisons: Mary Barrett, Esq. Cheryl Rhine, CIC, CIRMS, EBP Staff Liaisons: Jaclyn Olszewski Robin Surgent

Nicole Miller, Esq. Jen O’Brien, CMCA Jose Romero, EBP Dharmi Shah Peter Shine, EBP Lauren Vadenais, EBP Kristy Winchock, EBP Tayler Young Board Liaisons: Holly Stimmel Jimmy Stovall

J. David Ramsey, Esq. Lisa Rayca, CMCA, AMS John Reichart, AMS Cheryl Rhine, CIC, CIRMS, EBP Gregory Vinogradsky, Esq. Board Liaisons:

Staff Liaisons: Jocelyn Garlock Jaclyn Olszewski

Michael Flippin, CMCA, AMS, PCAM Kristina Munson, CMCA, AMS, PCAM Staff Liaisons: Brooke Stoppiello-Nevins Robin Surgent

Steven Mlenak, Esq. Robert Travis, CIRMS Staff Liaisons: Angela Kavanaugh Robin Surgent

9

AUGUST 2025

CAI-NJ 2025 PARTNERS

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FWH Associates, P.A. GAF Roofing Material Manufacturer Griffin Alexander, P.C. Kipcon, Inc. McGovern Legal Services, LLC Professional Restoration Services LLC DBA PuroClean Hoboken PS&S, LLC Rezkom Enterprises, Inc. Taylor Management Company, AAMC, AMO Technocality, Inc USI Insurance Services WilkinGuttenplan

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CCA, Construction Consultant Associates, LLC CertaPro Painters of Central & Lower Bucks Clearview Washing Cowleys Pest Services Cutolo Barros, LLC

Lemus Construction, Inc. Mackoul Risk Solutions Morris Engineering, LLC National Contractors, Inc. National Cooperative Bank

Preferred Community Management Services, Inc., AAMC Radom & Wetter Reino Construction, Inc.

First Citizens Bank FirstService Residential Garden State Pavement Solutions Giordano, Halleran & Ciesla Homestead Management Services, Inc., AAMC Hueston, McNulty, P.C. Kept Companies Landscape Maintenance Services, Inc. L.N. Rothberg and Son, Inc.

Accurate Reconstruction APC Hospitality, LLC AR Management Association Advisors NJ Association Reserves, Inc. Core Maintenance & Construction Design Alternatives Group, LLC Down To Earth Landscaping Inc. Felsen Insurance Services, Inc.

Renda Roads, Inc. SERVPRO Team Fox SmartStreet Powered By BANC of California

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PLEASE JOIN US FOR ONE OF THE LARGEST NETWORKING EVENTS IN THE INDUSTRY THIS YEAR!

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MUST BE TO ATTEND MUST BE 21+ TO ATTEND

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Before 8/15 8/15 - Onsite

Payment Methods: 1.Check payable to CAI-NJ, mailed to: CAI-NJ, Attn: Beach Party

Members

$100 $160

$125 $185

Non-Members

500 Harding Road Freehold, NJ 07728

Ultimate Partners: 4 Tickets Elite Partners: 2 Tickets Premier Partners: 1 Ticket

2. Pay by credit card. Please call the CAI-NJ Office at 609-588-0030 to process your credit card.

1. Name/ Designation:_ ______________________________ Company:____________________________________________ Email:_________________________________________________ 2. Name/ Designation: _______________________________ Company:_____________________________________________ Email:__________________________________________________ 3. Name/ Designation: _______________________________ Company:_____________________________________________ Email:__________________________________________________ 4. Name/ Designation: _______________________________ Company:_____________________________________________ Email:__________________________________________________ 5. Name/ Designation: _______________________________ Company:_____________________________________________ Email:__________________________________________________

By registering for a CAI-NJ event, the registrant acknowledges that they are responsible to pay the full registration fee at the time of registration.

Registrations will not be processed until all previous outstanding balances are paid in full.

Cancellations must be made by September 4, 2025, for a full refund to be provided, swaps can be made at any time.

*CAI-NJ advises that for training, marketing or other purposes, this event may be recorded, videotaped and/or photographed. By attending this event, the registrant(s) consents to the use of his/her image by CAI-NJ and agrees to waive any claim for the use of his/her image, including without limitation, the appropriation of his/her image for commercial purposes or the invasion of his or her privacy.

Send this completed registration form to events@cainj.org.

CHAPTER TRENDS Mackoul Risk Solutions is thrilled to announce that Commercial Lines Account Manager Jessica Malone has been awarded 2025’s Outstanding CSR of the Year for the State of New York! Presented by the Risk & Insurance Education Alliance, the Outstanding CSR of the Year award is regarded as the foremost national award of its kind. It recognizes the contributions and com mitment of those who serve clients within the insurance industry. Jessica is the fifth staff member from Mackoul to win this presti gious title. Congratulations again, Jessica, on this well-deserved honor! n

• All submissions must come from and be about: - A member of CAI-NJ (Manager, Management Company, Board Member, Business Partner or Business Partner Employee) in good standing. • Companies/Communities are permitted four (4) announcements per calendar year. • Submissions are limited to 150 words. - Members are responsible to condense the information appropriately, as CAI-NJ will not do so. Any submissions over 150 words will not be published. • Submissions may include (1) image. • Submissions should not be advertorial in nature. Please note, CAI-NJ reserves the right to edit any submissions. The chapter reserves the right to omit information as necessary. CAI-NJ has the exclusive right to refuse to publish any submissions for any reason. For questions regarding the Chapter Trends section of Community Trends ® , please contact brooke@cainj. org or 609-588-0030. Chapter Trends Editorial Guidelines

Submit your news for Chapter Trends to brooke@cainj.org.

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13

AUGUST 2025

Collections & Elections By Caroline Record, Esq., CCAL, Greenbaum, Rowe, Smith & Davis LLP

“Residents shall be allowed to rectify their standing up until five business days prior to the election date...”

I n New Jersey, community associations face the criti cal task of maintaining financial stability through the diligent collection of assessments and fees. Members who are not in good standing, in accordance with that association’s governing documents, are typically barred from participating in various association activities, includ ing voting in executive board elections. However, it is very important that boards are aware of the procedures set forth in N.J.A.C. § 5:26-8.1, et. seq., otherwise known as Radburn, regarding members in arrears, to properly prohibit such member from participating in executive board elections. This requirement takes the place of any language contained in the governing documents. This article delves into the current procedures set forth by N.J.A.C. § 5:26 8.1, et. seq. to provide community associations with the knowledge to navigate these procedures. Pursuant to N.J.A.C. § 5:26-8.8(c), an association mem ber, defined as an owner who has accepted a deed for a unit, is considered to be in good standing and eligible to vote in executive board elections if the member meets the following requirements:

1. The member is current in the payment of common expens es, late fees, interest on unpaid assessments, legal fees, or other charges lawfully assessed; 2. The member is in compliance with a judgement for com mon expenses, late fees, interest on unpaid assessments, legal fees, or other charges lawfully assessed; 3. The member is in full compliance with a settlement agree ment with respect to the payments of assessments, legal fees, or other charges lawfully assessed; or 4. The member has requested or is participating in Alternative Dispute Resolution (ADR) or in a court proceeding for a dispute over a matter that affects the owner’s good standing. 1 The good standing status of a member has a number of implications on an executive board election. The first is during the nomination process for an election. For an asso ciation with 50 or more units, N.J.A.C. § 5:26-8.9(l) sets forth that good standing is the only requirement an owner must meet in order to be a valid nominee in an election. For associations with fewer than 50 units, N.J.A.C. § 5:26

Feodora Chiosea/ iStock / Getty Images Plus

CONTINUES ON PAGE 16

14

AUGUST 2025

COLLECTIONS... from page 14.

mination by requesting Alternative Dispute Resolution. Residents shall be allowed to rectify their standing up until five business days prior to the election date, unless the association allows for more time.” (See N.J.A.C. § 5:26-8.9(l)). Similarly, N.J.A.C. § 5:26-8.9(k) states that an association with less than 50 units must notify res idents who are not in good standing at least 14 days prior to the election. This notice must state “the reason the resident is not in good standing. The notice shall state that the resident has the right to contest the board’s deter mination by requesting Alternative Dispute Resolution.” (See N.J.A.C. § 5:26-8.9(k)). Though the notices and timeframes are slightly different, the spirit of the law remains consistent in that all residents should be given an opportunity to correct their standing

“If the above-stated notice is not sent, those members who are not in good standing...may be eligible to vote at the election.”

8.9(k) also sets forth that good stand ing is the only requirement an owner must meet in order to be a valid nominee in an election. Under all circumstances, any owner is permitted to nominate themselves or another owner during the nomination period, but the only disqualifying factor is the good standing status of the owner. The second implication occurs during the voting process. According to N.J.A.C. § 5:26-8.9(l), an association with 50 or more units must notify resi dents who are not in good standing at least 30 days prior to the election. This notice must state “the reason why the resident is not in good standing. The notice shall state that residents have the right to contest the board’s deter

status before being discounted from the voting process. If the above-stated notice is not sent, those members who are not in good standing, with a few noted excep tions, may be eligible to vote at the election. This requirement is also inter preted to be the actual good-standing cut-off date, not a shorter time period typically referenced in the bylaws. For example, if a member is delin quent 25 days before the election date but did not receive the delin quency notice referenced above, that member is eligible to vote. Boards should be cognizant of the notice deadlines when creating their election timelines to ensure that any one who is not in good standing, and was provided the requisite notice, is properly barred from voting in the election. If the proper notice does not go out to those who are not in good standing, then the member would be able to participate in the election. n END NOTE: 1 Note, in 2024 the DCA agreed to amend this requirement for associations with more than 50 units to reflect that if a member has already been offered ADR or has a judgment against them is not required to be offered ADR again for voting purposes. To date, no such amendment has been proposed.

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Don’t Let Your Next Annual Meeting Fall into Madness

By Ruth Ingoldsby, CMCA, EBP, Vote HOA Now

I n today’s fast-paced world, poor planning is not just the downfall of a great annual meeting but could also be a social (media) issue for you and your community. What better time than now to organize your annual meeting process and make you the favorite in the eyes of your com munity? This way you are ready to implement your new pro cedures and avoid a meeting that could fall into madness. HOA Board Election Process One of the many requirements in each association’s governing documents is to have an annual meeting of the owners. It is usually at this meeting that homeowners asso ciation (HOA)/condo members elect the Board of Directors for the upcoming year. This duly elected board becomes the governing body for the entire HOA/condo so having a fair and impartial election where all owner’s votes count is of utmost importance. Considering the number of commu

nity associations across the US is growing (there are over 7,000 owner associations in New Jersey), it’s important that the board election process be clear and concise. Tips for a Successful HOA Board Election 1. Check the New Jersey state statutes for specific require- ments for non-profit corporations and HOA or condomini um board elections. Click here . Keep in mind there are also Radburn Regulation Require ments that may apply. Some items to look for include: ✔ When the meeting notice needs to be sent (how many days before the meeting) ✔ If the notices must be mailed or if they can be emailed ✔ If the vote has a secret requirement ✔ The minimum quorum requirements to hold a meeting ✔ Which types of proxies can be accepted, and CONTINUES ON PAGE 26

Pakin Jarerndee/iStock / Getty Images Plus

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MADNESS... from page 24.

it in an annual meeting folder so you can refer to it each year. You may even want to keep the pages of your governing docs with the specific sections highlighted that show the requirements in this folder. Your list should include the number of homes, quorum requirement, how many ballots are required for quorum, how many direc tors are elected each year and the length of the terms, etc. Be sure to include the location of the meeting and your contact person at the location if off-site. 4. Create a timeline of when each item needs to be com pleted. Advance planning of the timing will keep you on track to have a successful annual meeting and board election. Be sure to list all the dates: when to send the call for candidates, when the candidate’s intentions must be received by, when the notice must go out, when the ballots must go out, when the ballots must be returned by, etc. The goal in creating an annual meeting folder and timeline for each association is to ensure all requirements are met and the process is followed correctly each year. Failing to follow the process could result in an election being deemed invalid CONTINUES ON PAGE 28

✔ Parameters for an electronic vote (e.g., proxy is not needed, all votes count toward quorum, etc.). 2. Check your association’s governing documents. Check both your covenants, conditions and restrictions (CC&Rs) and bylaws. Look for meeting date and timing require ments, the terms of the positions, ballot secrecy, quorum requirements, if votes can be changed after submitted, is there an owner date of record of those that are eligible to vote, and if past due owners can vote, etc. 3. Make a list of all the election details. Once you know your requirements, make a list of all the details and keep

“Once you know your requirements, make a list of all the details and keep it in an annual meeting folder...”

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MADNESS... from page 26.

and needing to be redone, costing the association both time and money. How to Add Electronic Voting to the Mix Since electronic voting is permitted by New Jersey state statute (NJSA 45:22A-45.2(8)), it is very easy to incorporate this into your election pro cess and offer owners another option for having their vote count. The process follows the same timeline as paper proxies/ballots. “Start by reviewing your governing documents to see if they already permit electronic voting. If they do not, the board would need to pass an amendment that can be put out to the community for rejection bal lot. If there is no more than 10% of the community voting against the amend ment, the amendment passes and can be filed to permit electronic voting going forward. Next, work with a company that offers the type of voting service you need. It is recommended that community associations work with an electronic (or online) voting compa ny that is specific to the HOA/condo industry as they understand the com plexities of how HOAs operate. Also, it is important to look for a company that offers full-service management, not just a portal. A full-service voting company has the expertise to focus on your election to make sure you reach quorum, while relieving some of the workload from the manager or election committee and providing the required third-party separation. With a little preparation, your next annual meeting can be a joyful expe rience! n

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E-Voting Challenges

By David W. Merritt, Esq., McGovern Legal Services, LLC

sorbetto/DigitalVision Vectors/Getty Images

E lectronic voting continues to improve communi ty association governance, maximizing member participation and minimizing election costs and opportunities for dispute. You’ve already heard the good news, passed an e-voting amendment, retained an e-voting vendor, and survived a few elections. However, new tech nology presents new challenges, and some old challenges remain, so a bit of additional planning and preparedness can help ensure your elections don’t run off the rails. • Live Voting: Do your bylaws allow an election without the opportunity to vote in person at the membership meet ing? Many bylaws explicitly address this by allowing a, “Ballot by Mail in lieu of calling a membership meeting.” If your bylaws are silent, then a quick amendment can help minimize expense, confusion, and opportunity for dispute. • Two-Round Elections: Many bylaws require a second round of elections if “more than twice the number of candidates to be elected are nominated.” That can add 60 days to the normal election schedule and cause significant expense, confusion, and upset to members

expecting final results to be posted at the first meeting. Spotting the issue early and passing a quick amendment eliminating the requirement can have a big impact on the election experience. • Election Inspectors: Almost all bylaws call for impar tial election Judges or Inspectors to attend the election meeting to address the validity of abnormal ballots, tally paper ballots, and subscribe to a written affirmation of the results for the meeting minutes. Inspectors must also swear to conduct their duties impartially and to the best of their abilities. Relying on an e-voting vendor’s PDF as the only proof of results means no proper authority is present at the election meeting to address irregularities or certify the results. A quick attendance reminder to the membership and a doc-u-sign form is often all it takes to comply with these requirements and ensure the election is properly documented. • Non-Members as Election Inspectors: While the State prefers ordinary members to serve as election Inspectors, most bylaws permit non-members to fill the role. If the board intends for management or e-voting staff to serve

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as the election Inspectors, then the board and the vendor, under standing the importance of the Inspector’s oath and the potential ramifications if the results are chal lenged, must approve the appoint ment. To be effective, the appoint ment must also be announced at the meeting and recorded in the meeting minutes. • Notice of Bad Standing: New Jersey regulations require associations to provide at least 30 days’ notice to members in bad standing, with an opportunity to cure standing up until five (5) business days prior to the election. Missing a notice com pels election Inspectors to either count ballots cast by disqualified members or invalidate the election. Strategically skipping notices pro vides an opportunity to manipulate votes cast by members with arrears and other violations pending before the incumbent board. Managers must follow proper procedure to enforce standing requirements and must be prepared at the election meeting to certify the mailing of the bad standing notices. • Opportunity to Cure: In order to provide the requisite opportunity to cure bad standing, associations must allow members in bad stand ing to cast provisional ballots and provide a venue for the election Inspectors to address the validity of each provisional ballot before the election results are finalized. If the e-voting platform cannot accommodate that process, then alternative means of voting must be provided.

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Write for Community Trends ®

CAI-NJ and the Editorial Committee are always looking for new articles to publish in Community Trends. ® Visit https://cainj.org/community-trends/ for author guidelines and upcoming themes. If you are interested in submitting an article for possible inclusion in Community Trends ® , please contact Brooke Stoppiello-Nevins at 609-588 0030 or brooke@cainj.org.

CONTINUES ON PAGE 34

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