N.J. Admin. Code § 5:26-8.8

Current through Register Vol. 56, No. 19, October 7, 2024

Section 5:26-8.8 - Membership in the association

(a) Upon acceptance of a deed to the unit, each owner shall be an association member for so long as he or she holds title to the unit.

(b) The developer shall have one membership in the association for each unit registered pursuant to this chapter that has not been conveyed to an individual purchaser.

1. This subsection shall not be construed to provide the developer a different transition obligation than that required pursuant to Section 5 of P.L. 1993, c. 30 (N.J.S.A. 45:22A-47).

(c) An association member shall be considered to be in good standing with respect to eligibility to vote in executive board elections, vote to amend bylaws, and nominate or be a candidate for a position on the executive board when the association member:

1. Is current in the payment of common expenses, late fees, interest on unpaid assessments, legal fees, or other charges lawfully assessed;

2. Is in compliance with a judgement for common expenses, late fees, interest on unpaid assessments, legal fees, or other charges lawfully assessed;

3. Is in full compliance with a settlement agreement with respect to the payments of assessments, legal fees, or other charges lawfully assessed; or

4. Has requested or is participating in Alternative Dispute Resolution (ADR) or in a court proceeding for a dispute over a matter that affects the owner's good standing.

(d) The bylaws may allow tenants to vote in executive board elections and may allow tenant membership in the association, but to do so, the bylaws shall provide that the tenant can vote or be a member in the association only with the consent of the owner of the unit the tenant is leasing.

1. When the association has allowed tenant voting as a standard practice, such practice may continue, subject to the consent of the owner from whom the tenant is leasing a unit.

2. The bylaws may allow the owner to designate the tenant as a voting eligible tenant. Such designation shall be in writing and may include a clause in the written lease agreement or another written document. An owner may allow the tenant to vote as the owner's agent through a proxy or power of attorney.

3. A voting eligible tenant shall have the same voting rights as the owner of the unit that the tenant leases. Such voting rights shall be in place of, and not in addition to, the rights of the owner of the leased unit.

4. An owner who is not in good standing is not allowed to empower a tenant or any other person to vote in his or her stead.

N.J. Admin. Code § 5:26-8.8

Adopted by 52 N.J.R. 1057(a), effective 5/18/2020