CAI-NJ Aug. 2020(w)

TRY TO COMPLY... from page 32.

authorize electronic voting. Which is it? If a community association meets the two conditions, should they rely on the Radburn Law, which has primacy, and utilize electronic voting? Or does a community association have to amend its bylaws to ensure that they expressly permit electronic voting to comply with the Radburn Regulations? How exactly does the notice to members not in good standing work when the matter has been referred to legal counsel? How does an association handle amounts appropriately charged to the account after the standing notice is issued? The Radburn Regulations require that “A minimum of 30 days prior to the election, the association shall notify

residents who are not in good standing. Such notice shall 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 determi- nation by requesting Alternative Dispute Resolution. Residents shall be allowed to rectify their standing up until five busi- ness days prior to the election date.” [NJAC 5:26-8.9(l)] (Communities with less than 50 units have a slightly differ- ent requirement.) This standing notice requirement may work and make sense for delinquencies that have not been referred to legal counsel. However, once a matter is referred to legal coun- sel and collection has commenced, this standing notice requirement creates serious issues. The unit owner may have already participated in ADR. The standing notice, when reading after prior-issued notices and pleadings,

tronic means where the executive board determines to employ voting in such manner and an association member, or voting-eligible tenant where appli- cable, consents to casting a vote in such manner.” [NJSA 45:22A-45(c)(8).] This seems to permit (actually require) electronic voting under two conditions are met. The board approves and the member consents. On the other hand, the Radburn Regulations state that “If the bylaws permit, and the association mem- ber consents, a ballot may be cast electronically if it is administered by a neutral third party and anonymity is maintained.” [NJAC 5:26-8.9(h) (4) (emphasis added).] This seems to require that the bylaws must expressly

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