CAI-NJ Sept.2017(1)

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24 S E P T E M B E R , 2 0 1 7
328 Changebridge Road • Pine Brook, NJ 07058 • 973-797-1444
284 Route 206 South • Hillsborough, NJ 08844 • 908-874-6991
BYLAWS AMENDMENTS
Since the Radburn Bylaws were not amendable by the
homeowners, the legislation also contains provisions con-
cerning bylaws amendments. The provisions of the new
law will impact very few associations since they apply
only to communities with bylaws that are either not amend-
able by the owners or which require a vote of more than
two-thirds of all owners to amend. If an association falls
into that category, the statute sets forth a procedure to be
followed that permits a vote by a majority of all votes to
amend the bylaws.
In addition, the legislation prohibits a board from amend-
ing bylaws without a vote of the owners, but permits it in
two specific instances. First, it permits a board to amend
the bylaws to the extent necessary to render them consistent
with state, federal and local law. This is beneficial since
when the law changes in a manner that renders the bylaws
inconsistent with law, it may cause confusion among the
members and even the board members, since they may not
be familiar with new law.
Secondly, the board may propose an amendment to the
bylaws and send notice of the proposed amendment to
all association members, together with a ballot to reject
the proposed amendment. If 10 percent or more of the
owners reject the amendment within 30 days, it will be
defeated. This method, then, would only be used for the
purpose of bylaws amendments that are not significant or
controversial.
CONCLUSION
Senator Gordon’s election bill brings an end to the
dispute that plagued Radburn for many years. It also pro-
vides a roadmap of procedural steps that associations are
required to follow to hold a valid election. While these
procedural steps are likely already followed by a majority
of associations, all boards should consult with management
and their attorneys when first holding an election on or after
October 1, 2017, the effective date of those portions of
the bill that relate to the election process. n
ELECTION...
from page 22.