CAI-NJ October 2020

• Associations with 50 or more units must notify members/residents who are not in “good standing” a mini- mum of thirty (30) days prior to an election of their status. - The notice must state the reason the member/resident is not in “good standing” and that the member/resident has the right to contest their standing by request- ing Alternative Dispute Resolution (ADR). - Members/residents must be given five (5) days prior to the election to cure their standing. • When a common interest commu- nity contains a minority of afford- able units, as defined by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-304, the bylaws shall reserve a seat or seats on the exec- utive board for election by owners of affordable units. This seat will be voted on by owners of the affordable units. The regulations do not address those situations where the affordable housing restrictions sunset, in some instances 30 years after they were first imposed. At the time of the publication of these new regulations some associ- ations had commenced the annual meeting election process. For those election procedures undertaken prior to May 18, 2020, the effective date of the new regulations, so long as the pro- cedures were consistent with the terms of the Radburn Election Law no further action to render them consistent with the regulations is required. But any portion of the election process that occurred following the May 18 effective date, must be consistent with the regulations. CONT I NU E S ON PAGE 38

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