CAI-NJ Aug. 2020(w)

“...does a community association have to amend its bylaws to ensure that they expressly permit electronic voting...”

may confuse the unit owner. Motions, discovery, and trial dates may already be scheduled, and a judicial order or judgment may be pending. The Radburn Regulations also give no guidance about what to do with new debt, which accrues after the standing notice is issued (e.g., a new assessment is due as of the first of the month). Does that new debt count as delinquency at the time of the elec- tion, or does it not count because it was not part of the standing notice? Do affordable units get one seat or some other number of seats? And what happens if no affordable unit owner cares to serve or is eligible to serve on the board? The Radburn Regulations require that, for authorized affordable units which

“represent a minority of units in the development, the bylaws shall reserve a seat or seats on the executive board for election by owners of affordable units.” [NJAC 5:26-8.10(a).] The Regulations do not explain under what circumstanc- es these affordable units should be enti- tled to more than one seat. Rock, paper, scissors, perhaps? The Regulations also do not explain what happens if no affordable owner chooses to serve on the board, or the affordable owner who wishes to serve is not eligible. Does the board seat remain vacant? That doesn’t seem to serve the association’s or the community’s best interests. Or may it be filled by a market rate candidate until the next annual meeting? The above are just some of the ways the Radburn Regulations complicate compliance by even the best-inten-

tioned community association. Instead of clarifying the Radburn Law, the Regulations have created even more questions and confusion. Yet commu- nity association boards and managers must interpret these Regulations to comply, and in doing so, they risk potential fines or even a lawsuit if they get it wrong. Community associations deserve regulations which are clear, make sense, do not overreach, and which answer the above questions. n

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