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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.
Tel: 973-377-0200 / Fax: 973-377-6328
Offices: Florham Park, NJ; Toms River, NJ; Blue Bell, PA; and New York, NY
HML-4337 CAI Dec 2013_1/2 pg vertical 11/22/13 10:48 AM Page 1
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