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for most board seats. The catch? The nominating committee
is controlled exclusively by the board. The owners are not
members of the association. Only those who have served
or are serving on the governing board are members of the
Radburn Association.
In 2006, a group of owners sought the aid of the courts
in efforts to kick wide open the election doors long closed
to only the select few already serving on the Board or their
allies. Ultimately, though, an appellate court concluded in
2010 that nothing in Radburn’s bylaws contradicted any
provision of New Jersey law. The court held that ‘[w]ithout
a basis in legislation, it is beyond our authority to effect
such a change in the relationships between community
associations and their members.’”
Upset by this result, a number of Radburn residents turned
to Senator Robert Gordon for help. Gordon, who grew
up and resided in the Community for many years, sympa-
thized with the plight of those who felt disenfranchised. In
September of 2016 Senator Gordon was able to introduce
legislation that would democratize the process of electing
members to an association’s governing board. Senator
Gordon, who previously worked with the New Jersey CAI
Legislative Action Committee (LAC), once again tapped
the LAC for its expertise in election and association gover-
nance matters.
For a better part of a year, Senator Gordon’s bill went
through various iterations. In addition to the LAC, the New
Jersey Builders Association, the New Jersey Department of
Community Affairs and a group of Radburn residents active-
ly participated with comments and suggested changes to
the election bill. Given the long history of being denied the
ability to meaningfully participate in board elections, the
Radburn residents sought a bill that would provide signifi-
cant detail on the nominating, election and voting process.
And finally that day came. Senate bill 2492, sponsored
by Senator Gordon among many others and Assembly bill
4091, sponsored by Assemblyman Timothy Eustace, sim-
ilarly sponsored by many Assembly representatives, unan-
imously passed each house of the legislature. Legislators
throughout New Jersey had finally recognized that
the time had come to codify in state law a fair
process for electing board members. On July 13,
2017 Governor Christie signed the law. Pursuant
to its terms it is effective immediately, but the pro-
CONT I NU E S ON PAGE 20
visions regulating elections become effective on the first
day of the third month following its enactment — in other
words October 1, 2017. While the legislation will not
affect those associations whose bylaws already include an
independent process for board elections consistent with the
new law, for those owners long without access to their own
governance, this is a significant win. The passage of the
is law also signals to all developers and community asso-
ciations throughout the State that New Jersey values fair,
transparent and accessible elections for all of its citizens.
Notably there were several other board-election bills that
had been introduced in the legislature, many of which had
significant issues for CAI and its association members. The
adoption of the Gordon bill ended further consideration of
the other bills.
The essential components of the legislation are set forth
below. Board members should carefully review this with
their association’s attorney and management to ensure
adherence with the requirements of the new law.
NEW ELECTION REQUIREMENTS
Subject to certain specific but important exceptions dis-
cussed later, the legislation includes the following significant
provisions:
A. All owners of units or homes in a community are mem-
bers of the association, whether or not the governing
documents provide that they are.
B. An owner in good standing will have the right to nomi-
nate him- or herself or any other owner in good standing
for any seat on the executive board.
C. All units will be entitled to an equal number of votes,
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