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

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