CAI-NJ Sep.2016

S E P T E M B E R , 2 0 1 6

CONT I NU E S ON PAGE 46

wo recently introduced pieces of legislation (one in

the New Jersey State Assembly (A-2027) and one in

the New Jersey State Senate (S-1586)) are likely to

have a substantial impact on how we all address meetings

and document review for our upcoming meetings.

Both bills seem to have been introduced to serve a fairly

localized but repetitive issue that appears to keep coming

up related to meeting organization, voting and records

at one large common interest ownership association.

Although ostensibly designed to address one association,

these bills in the Assembly and Senate warrant a certain

level of scrutiny and attention because they will both have

a real and concrete impact on common interest ownership

associations across the State of New Jersey.

Setting Forth Uniformity of Powers.

Primarily, these two bills seek to address meeting gover-

nance, certain aspects of voting and record keeping.

For example, the stated intent of these Bills is to provide

for “uniform powers, standards of operation and protec-

RUNNING MEETINGS AND

ELECTIONS –

New Bills Dealing with Old Issues

tions” for unit owners with a goal of increasing “fairness”

and “transparency.”

The “Fiduciary Duty” of Volunteer Board

Members.

To that end, these pending Bills make all board members

“liable as fiduciaries to the owners for their acts or omis-

Thomas C. Martin, Esq. is a Partner in the law firm Price,

Meese, Shulman & D’Arminio, P.C., Woodcliff Lake,

New Jersey. Mr. Martin has been an active Member of

the New Jersey chapter of the Community Association’s

Institute for over a decade and during that time has been

serving on the Legislative Action Committee. He also

served as the Chair of the Legislative Action Committee

from 2011-2012. Mr. Martin’s practice is devoted

primarily to community association law addressing all manner of issues affecting

common interest ownership associations including formation, transition, general

corporate counseling, contracts, enforcement of governing documents, maintenance

fee issues and defense of personal injury/property damage claims.

Courtesy CAI-NJ.

By Thomas C. Martin, Esq., Partner

Price, Meese, Shulman & D’Arminio, P.C.