December 2016

the lost revenue of abandoned units. As abandoned units in our communities sit in limbo, our neighbors on fixed or low incomes are having the hardest time weathering the storm. Bill A-2492 enhances resident voting participation rights in commu- nity associations. The bill requires that the executive board shall ensure that notice of any executive board election is provided to all association members, and voting-eligible tenants, at least 30 days prior to the election. The bill further requires that each resident-owner in good standing shall have the authority to (1) nominate oneself or any other resident-owner in good standing to run for any posi- tion on the executive board; and (2) accept a nomination and run for any membership position on the executive board. The bylaws may permit others to also make nominations and run for executive board positions. The bill requires common interest communities to also allow all association members in good standing, and voting-eligible tenants, to vote in each election for each position of membership on the executive board. This issue has been on the agenda in most legislative sessions for more than 15 years. The big difference with A-2492 is that most of the interested parties have negotiated improvements and changes to the legislation that make it effective and timely. While most common interest communities developed in the last fifteen years have these protections built into their bylaws and declarations, much older communities had rules that limited who could be elected and the manner in which they are chosen.

As part of our legislative day we spent time walking the halls of the State House, visiting the Assembly and Senatorial wings of the building where legislators have offices. There is a great labyrinth in the basement and sub-basement that is the main concourse that legislators use to get from one meeting to another. Often that is the best place to approach

members with whom you do not have a scheduled appointment. Scheduled appointments are either in legislators’ offices or the Senate and Assembly lounges where a number of legislators can meet with visitors while waiting for the next caucus or voting session. It is hectic, fast paced and exciting to see legislative action up close and personal. n

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Keep your Association sharp – in all seasons.

Value–Experience–Quality Being prepared and responsive is what distinguishes our firm. We strive to solve the problem–resolve the issue and make life easier for our Associations and their property managers. Hueston McNulty, P.C. Association General Counsel and Experienced Trial Attorneys Samuel J. McNulty, Esq. smcnulty@huestonmcnulty.com /www.huestonmcnulty.com

Tel: 973-377-0200 / Fax: 973-377-6328 Offices: Florham Park, NJ; Toms River, NJ; Blue Bell, PA; and New York, NY

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