Bill Text: NJ A476 | 2024-2025 | Regular Session | Introduced
Bill Title: Provides standards for election and recall of officers for associations of planned real estate developments and restricts certain expenditures.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Housing Committee [A476 Detail]
Download: New_Jersey-2024-A476-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Provides standards for election and recall of officers for associations of planned real estate developments and restricts certain expenditures.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning associations of planned real estate developments, amending and supplementing P.L.1977, c.419, and amending P.L.1993, c.30 and P.L.2017, c.106.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1977, c.419 (C.45:22A-23) is amended to read as follows:
3. As used in this act unless the context clearly indicates otherwise:
a. "Disposition" means any sales, contract, lease, assignment, or other transaction concerning a planned real estate development.
b. "Developer" or "subdivider" means any person who disposes or offers to dispose of any lot, parcel, unit, or interest in a planned real estate development.
c. "Offer" means any inducement, solicitation, advertisement, or attempt to encourage a person to acquire a unit, parcel, lot, or interest in a planned real estate development.
d. "Purchaser" or "owner" means any person or persons who acquires a legal or equitable interest in a unit, lot, or parcel in a planned real estate development, and shall be deemed to include a prospective purchaser or owner. However, as used in P.L.1993, c.30 (C.45:22A-43 et seq.), "owner" means any person owning a unit, or an "owner" or holder of a "proprietary lease," as those terms are defined under subsections i. and k. of section 3 of "The Cooperative Recording Act of New Jersey," P.L.1987, c.381 (C.46:8D-3), if the development is a cooperative.
e. "State" means the State of New Jersey.
f. "Commissioner" means the Commissioner of Community Affairs.
g. "Person" shall be defined as in R.S.1:1-2.
h. "Planned real estate development" or "development" means any real property situated within the State, whether contiguous or not, which consists of or will consist of, separately owned areas, irrespective of form, be it lots, parcels, units, or interest, and which are offered or disposed of pursuant to a common promotional plan, and providing for common or shared elements or interests in real property. This definition shall not apply to any form of timesharing.
This definition shall specifically include, but shall not be limited to, property subject to the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), any form of homeowners' association, any housing cooperative or to any community trust or other trust device.
This definition shall be construed liberally to effectuate the purposes of this act.
i. "Common promotional plan" means any offer for the disposition of lots, parcels, units or interests of real property by a single person or group of persons acting in concert, where such lots, parcels, units or interests are contiguous, or are known, designated or advertised as a common entity or by a common name.
j. "Advertising" means and includes the publication or causing to be published of any information offering for disposition or for the purpose of causing or inducing any other person to purchase an interest in a planned real estate development, including the land sales contract to be used and any photographs or drawings or artist's representations of physical conditions or facilities on the property existing or to exist by means of any:
(1) Newspaper or periodical;
(2) Radio or television broadcast;
(3) Written or printed or photographic matter;
(4) Billboards or signs;
(5) Display of model houses or units;
(6) Material used in connection with the disposition or offer of the development by radio, television, telephone or any other electronic means; or
(7) Material used by developers or their agents to induce prospective purchasers to visit the development, particularly vacation certificates which require the holders of such certificates to attend or submit to a sales presentation by a developer or his agents.
"Advertising" does not mean and shall not be deemed to include: Stockholder communications such as annual reports and interim financial reports, proxy materials, registration statements, securities prospectuses, applications for listing securities on stock exchanges, and the like; all communications addressed to and relating to the account of any person who has previously executed a contract for the purchase of the subdivider's lands except when directed to the sale of additional lands.
k. "Non-binding reservation agreement" means an agreement between the developer and a purchaser and which may be canceled without penalty by either party upon written notice at any time prior to the formation of a contract for the disposition of any lot, parcel, unit or interest in a planned real estate development.
l. "Blanket encumbrance" means a trust deed, mortgage, judgment, or any other lien or encumbrance, including an option or contract to sell or a trust agreement, affecting a development or affecting more than one lot, unit, parcel, or interest therein, but does not include any lien or other encumbrance arising as the result of the imposition of any tax assessment by any public authority.
m. "Conversion" means any change with respect to a real estate development or subdivision, apartment complex or other entity concerned with the ownership, use or management of real property which would make such entity a planned real estate development.
n. "Association" means an association for the management of common elements and facilities, organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43).
o. "Executive board" means the executive board of an association, as provided for in section 3 of P.L.1993, c.30 (C.45:22A- 45).
p. "Unit" means any lot, parcel, unit or interest in a planned real estate development that is, or is intended to be, a separately owned area thereof.
q. "Association member" means the owner of a unit within a planned real estate development, or a unit's tenant to the extent that the governing documents of the planned real estate development permit tenant membership in the association, and the developer to the extent that the development contains unsold lots, parcels, units, or interests pursuant to subsection c. of section 1 of P.L.1993, c.30 (C.45:22A-43). This definition 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 (C.45:22A-47), or to require that the developer is allowed to vote in executive board elections.
r. "Good standing" means the status - solely with respect to eligibility to (1) vote in executive board elections, (2) vote to amend the bylaws, and (3) nominate or run for any membership position on the executive board - applicable to an association member who is current on the payment of common expenses, late fees, interest on unpaid assessments, legal fees, or other charges lawfully assessed, and which association member has not failed to satisfy a judgment for common expenses, late fees, interest on unpaid assessments, legal fees, or other charges lawfully assessed. An association member is in good standing if he is in full compliance with a settlement agreement with respect to the payments of assessments, legal fees or other charges lawfully assessed, or the association member has a pending, unresolved dispute concerning charges assessed which dispute has been initiated: through a valid alternative to litigation pursuant to subsection c. of section 2 of P.L.1993, c.30 (C.45:22A-44); through subsection (k) of section 14 of the "Condominium Act," P.L.1969, c.257 (C.46:8B-14); or through a pertinent court action.
s. "Voting-eligible tenant" means a tenant of a unit within a planned real estate development in which:
(1) the governing documents of the development permit the tenant's participation in executive board elections, and
(2) either (a) the development has allowed tenant participation in executive board elections as a standard practice prior to the effective date of P.L.2017, c.106 (C.45:22A-45.1 et al.), or (b) the owner has affirmatively acknowledged the right of the tenant to vote through a provision of a written lease agreement or separate document.
This definition shall not be construed to affect voting as an agent of the owner through a proxy or power of attorney. Pursuant to subsection d. of this section, if the development is a cooperative corporation, then, an "owner" or holder of a "proprietary lease," as those terms are defined under subsections i. and k. of section 3 of "The Cooperative Recording Act of New Jersey," P.L.1987, c.381 (C.46:8D-3), is also an "owner," not a tenant, for the purposes of P.L.1993, c.30 (C.45:22A-43 et seq.).
t. "Election committee" means an election committee of association members established pursuant to paragraph (1) of subsection b. of section 6 of P.L.2017, c.106 (C.45:22A-45.2).
u. "Non-directed proxy ballot" means a proxy ballot that provides the proxy holder general discretion to decide how the vote is cast on the proxy owner's behalf.
v. "Qualifying expenditure" means all association expenses that exceed $100,000 or any maintenance fee increase in excess of the Consumer Price Index.
(cf: P.L.2017, c.106, s.2)
2. Section 3 of P.L.1993, c.30 (C.45:22A-45) is amended to read as follows:
3. a. The form of administration of an association organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43) shall:
(1) provide for the election of an executive board, elected by the association members, and voting-eligible tenants where applicable, and responsible to the members of the association pursuant to section 4 of P.L.1993, c.30 (C.45:22A-46), through which the powers of the association shall be exercised and its functions performed; and
(2) be described in the governing documents, specifying the powers, duties, manner of selection and removal, and compensation, if any, of the officers, directors, or trustees of the executive board.
b. Subject to the master deed, declaration of covenants and restrictions, bylaws or other instruments of creation, subsection d. of this section, and the laws of the State, the executive board may act in all instances on behalf of the association.
c. The members of the executive board appointed by the developer shall be liable as fiduciaries to the owners for their acts or omissions.
d. During control of the executive board by the developer, copies of the annual audit of association funds shall be available for inspection by owners or their authorized representative at the project site.
(cf: P.L.2017, c.106, s.5)
3. Section 6 of P.L.2017, c.106 (C.45:22A-45.2) is amended to read as follows:
6. a. An association shall hold executive board elections in accordance with the provisions of its governing documents, including validly [-] adopted executive board rules[,] that do not conflict with the provisions of this section. [If such documents do not set a specific time or interval, the elections] Unless otherwise provided in the governing documents, the executive board shall consist of five members, but notwithstanding the governing documents, if the number of housing units in the community is less than 11, the executive board shall consist of no more than three members. The executive board shall elect from among its members a president, secretary, treasurer, and, in the case of communities with more than 10 units, a vice president, who shall perform the duties of those offices customarily performed by similar officers of nonprofit corporations. As permitted by the governing documents, the executive board may appoint and designate other officers and assign them such duties as it deems appropriate. Elections shall be held at two-year intervals and shall be conducted with strict adherence to democratic principles and fairness. If an association has not held an election in compliance with its governing documents in two or more years, it shall hold an election within 90 days of the submission to any current executive board member of a petition signed by at least 25 [or more] percent of association members in good standing, but in no event less than the number of association members required to meet the quorum requirements set forth in the governing documents. If an association has no executive board members and association members fail to act on petition or by majority, any association member or group thereof, at common expense and, upon written notice to all owners, may petition a court of competent jurisdiction for authority to act temporarily in the interests of the association and to organize and hold an election within 90 days of the date of the court order. Any proxies used by an association must contain a prominent notice that use of the proxy is voluntary on the part of the granting owner, that it can be revoked at any time before the proxy holder casts a vote, and that absentee ballots are available. An association may not use proxies for an executive board member election without also making absentee ballots available.
b. An association [of a development with fewer than 50 units] shall [ensure]:
(1) Conduct elections under the administration of an election committee of association members, none of the members of which shall be current executive board members or candidates for the executive board. The election committee shall consist of at least three association members, who shall be selected by lot of eligible association members at least 120 days prior to an election, provided that any association member may decline to serve on the election committee after selection and allow for the selection by lot of another association member. The election committee shall function independently of the executive board, and may contract for the services of a qualified, independent individual or an organization that is qualified in election monitoring services. The election committee shall be responsible for determining the eligibility of association members to vote or to be candidates for membership on the executive board, for counting ballots, and for verifying election results; and
(2) Ensure an executive board election system that includes: [(1)] (a) the provision of election notice, [(2)] (b) the provision of the ability to nominate and vote for any association member in good standing, [(3)] (c) the provision of an opportunity to review any candidacy qualifications such that the owner is permitted to be a candidate for election to the board, [(4)] (d) the provision of ready access to information on when and how to vote, and [(5)] (e) the counting of ballots and verification of eligibility to vote, all of which shall be conducted in a non-fraudulent manner. [Such association shall also be subject to the requirements of paragraphs (9) and (10) of subsection c. of this section.]
c. In order to ensure open and fair executive board elections, the following provisions of this subsection shall apply to all associations [of developments with 50 or more units, except for paragraphs (9) and (10), which shall apply to associations of all developments].
(1) An association shall not provide for a term of an executive board member to be for more than [4] two years, provided that nothing shall prevent an executive board member from continuing to serve until his or her successor is duly qualified and elected.
(2) An association shall not prohibit a voting-eligible tenant, where applicable, from casting a vote allocated to a unit if the bylaws otherwise permit tenant participation in an election of executive board members nor prohibit an individual acting pursuant to a valid power of attorney or proxy from casting a vote.
(3) An association shall provide the first of two written [notice] notices pursuant to paragraph (5) of this subsection, to all association members no later than [30] 60 days prior to the [date for the mailing of the notice of the meeting set forth in paragraph (5) of this subsection that informs] election, informing association members of the right to nominate themselves or other association members in good standing for candidacy to serve on the executive board.
(4) An association, in accordance with this subsection and paragraph (1) of subsection b. of this section, and subject to the exceptions under subsection f. of this section, shall not prohibit an association member in good standing from nominating himself or herself, or any other association member in good standing as a candidate for any membership position on the executive board, so long as the nomination is made prior to the mailing of ballots or proxies to the association members, which mailing shall occur no earlier than: (a) the day following the expiration of the time period within which candidates must be nominated, or (b) where no expiration date is set forth for nomination of candidates, then the business day prior to the mailing of the second notice of the election, required pursuant to paragraph (5) of this subsection. The period for submitting nominations shall not be less than [14] 30 days from the mailing of the request for nominations pursuant to paragraph (5) of this subsection.
(5) An association shall provide association members with two written [notice] notices of an election by personal delivery, mail, or electronic means[, no less than 14 nor more than 60] :
(a) An association shall provide all association members with the first notice at least 60 days prior to the election, which shall include the election rules, to inform association members and allow all eligible persons who might be interested in filing as candidates or nominating an association member in good standing a reasonable opportunity to do so.
(b) An association shall provide all association members with the second notice no more than 30 nor less than 14 days prior to the meeting at which an election of executive board members is scheduled. This second notice shall include a proxy ballot and an absentee ballot, unless prohibited by the bylaws, which ballots shall list in alphabetical order by last name the names of all candidates nominated pursuant to paragraph (4) of this subsection. In the case of mailing, the notice shall be effective when deposited in the mailbox with proper postage. The notice may only be sent by electronic means if either (a) the affected association member, or voting-eligible tenant where applicable, has agreed in writing to accept notice by electronic means; or (b) the governing documents permit electronic notices, provided another form of voting by absentee balloting or proxy voting is available.
(6) An association shall use ballots, whether paper ballots or electronic ballots, that contain the names of all persons nominated as a candidate for the executive board.
(7) An association shall not prohibit any association member in good standing, or voting-eligible tenant where applicable, subject to the exceptions under subsection f. of this section and any limitation on the number of votes per unit permitted under paragraph (9) of this subsection, from voting for any nominated candidate in an executive board election.
(8) An association member shall be allowed to cast a ballot anonymously for the election of executive board members. An association shall [not prevent voting for an executive board member by electronic means] allow all eligible association members, or voting-eligible tenants where applicable, to cast a ballot by mail, in person, or, where the executive board determines to employ voting in such manner and an association member, or voting-eligible tenant where applicable, consents to casting a vote in such manner, by electronic means. A mailed ballot or an electronic ballot shall be deemed to be a proxy for purposes of determining a quorum for the meeting at which the election is conducted. A non-directed proxy ballot shall not be counted in an election if the number of executive board positions to be filled at the election exceeds the number of candidates seeking to fill executive board positions.
(9) An association shall not provide for an allocation of votes other than one vote for each unit, or such larger number of equal votes per unit as may be set forth in the governing documents of the association, except (a) where the bylaws or other governing document provide for the voting interest to be proportional to a unit's value or size, (b) where the governing documents permit more than one vote to be cast by each unit on an equal basis or a basis consistent with each unit's value or size, or (c) where the governing documents do not set forth the number of votes that may be cast by each unit, then in accordance with a rule adopted by the executive board that allows more than one vote to be cast by each unit, provided such rule assigns an equal number of votes to each unit.
(10) Election procedures shall not be established or administered in any way to prohibit participation by the residents of low- or moderate-income housing units.
(11) All nominated candidates shall be allowed to observe the entire process of counting and tabulation of the ballots, either in person or through a designated representative, and shall have access to lists of association members who are eligible to vote and, after the voting has started, to any list of association members who have voted that the association may maintain.
d. Initial executive board elections in condominium associations, governed under the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), shall follow the notice timeline under subsection b. of section 2 of P.L.1979, c.157 (C.46:8B-12.1), and shall not be subject to this section.
e. Whether or not formed as a nonprofit corporation, associations [of developments of 50 or more units] shall conform to the requirements of the "New Jersey Nonprofit Corporation Act," P.L.1983, c.127 (N.J.S.15A:1-1 et seq.) regarding the counting of ballots.
f. (1) It shall be permissible for the bylaws of the association to provide:
(a) for the association members, and voting-eligible tenants where applicable, of a planned real estate development with units of different use types to nominate and vote for some members of the executive board and, pursuant to the mixed-use development's governing documents, have other members of the executive board nominated and elected by association members and voting-eligible tenants of units of a different use type;
(b) for the association members, and voting-eligible tenants where applicable, of a planned real estate development to nominate and vote only for some members of the executive board based upon a distribution that allocates votes with approximate proportionality to the number, value, or size of units located in certain geographical areas within the development;
(c) for a limitation on the number of executive board members nominated and elected by only certain association members, and voting-eligible tenants where applicable, if that limit is based upon a classification intended to further the election of one or more executive board members by the association members, and voting-eligible tenants where applicable, of affordable housing units that represent a minority of the units in a planned real estate development;
(d) for the association members, and voting-eligible tenants where applicable, of a planned real estate development to nominate and vote for some members of the executive board and, pursuant to the governing documents, have other members of the executive board nominated and elected by the association members, and voting-eligible tenants where applicable, of one or more separate developments, so long as each development's voting weight is approximately proportional, based on the number, value, or size of the units; and
(e) that, except for executive board members serving as representatives of the developer during the period prior to surrender of control to the owners pursuant to section 5 of P.L.1993, c.30 (C.45:22A-47), not more than one owner, entity-owner representative, or voting-eligible tenant where applicable, from a single unit may serve on the governing board simultaneously;
(2) The executive board of an umbrella or master association that does not directly contain units need not be elected by individuals who are association members, and voting-eligible tenants where applicable, with units within the geographical area of the umbrella or master association, provided the members of the executive board serve as executive board members of another planned real estate development executive board, and have been nominated and elected by the association members, and voting-eligible tenants where applicable, with units in that planned real estate development, in compliance with this section.
(3) Except with regard to [a planned real estate development containing fewer than 50 units, and] any appointment by the developer permitted pursuant to section 5 of P.L.1993, c.30 (C.45:22A-47), an association shall:
(a) not allow a person to take an executive board position through appointment, provided that nothing herein shall prevent the executive board members of an association from filling a vacancy in the executive board created by resignation, death, failure to maintain any reasonable qualification, including maintaining good standing, to be an executive board member or by removal following a vote in favor of removal open to all association members in accordance with the terms of the bylaws and subsection j. of this section; and
(b) ensure that, in order to serve on the executive board, a person shall be elected through a process that does not conflict with the provisions of this section.
g. A challenge to the validity of election results, unless based upon allegations of vote tampering or fraud directly concerning the election committee or its members, shall be submitted to the election committee no less than 30 days following the date on which written notice of the results of the election is given to members of the association. Pending the outcome of any such challenge, the persons declared elected by the election committee shall serve as de facto officers or trustees, as the case may be.
h. Ballots, envelopes, registration records, eligibility lists, proofs of mailing, and other voting materials shall be subject to inspection by all association members at the time of the election and shall be kept in the custody of a certified public accountant or the election committee for not less than 30 days following the election, or until such time as any challenge to the election brought within that 30-day period has been resolved and the documents are no longer required. Voting materials and procedures shall at all times be subject to inspection and review by the election committee. The parties to any election dispute shall be allowed the opportunity to be present or to be represented at any such inspection and review.
i. The election committee shall have the sole authority to report all substantiated allegations of vote tampering or fraud by the association's management, legal team, candidates, or the election committee to the agency, unless the allegations concern the election committee or its members directly, in which case any aggrieved association member may report to the agency only those allegations that concern the election committee or its members directly. The agency shall have the authority to investigate all reported, substantiated allegations of vote tampering or fraud. If the agency determines that the association's management, legal team, candidates, or the election committee have engaged in vote tampering or fraud, the election results shall be considered void, the violation shall constitute a disorderly persons offense, the election committee shall report the determination to the county prosecutor's office, and the election committee shall conduct a new election pursuant to the procedures set forth in P.L.1977, c.419 (C.45:22A-21 et seq.). If the allegations concern the election committee or its members directly, then a new election committee shall be constituted in accordance with paragraph (1) of subsection b. of this section for the purpose of conducting the new election.
j. A member of the executive board may be recalled and removed from office, with or without cause, by the vote of, or agreement in writing by, a majority of the association members present and eligible to vote at a special meeting of association members called for that purpose. The recall and removal process shall only be initiated upon a petition signed by at least 10 percent of association members to call such a special meeting. The association members shall give notice of the meeting as required, and the notice shall state the purpose of the meeting.
(cf: P.L.2017, c.106, s.6)
4. (New Section) The executive board shall report qualifying expenditures to association members no less than 30 days prior to a formal vote on the expenditures. The association or executive board shall only approve the qualifying expenditures if not less than a majority, or greater than a majority if required by the governing documents, of all association members in good standing, vote in favor. The requirements of this subsection shall not apply to qualifying expenditures necessary to:
a. respond to an emergency; or
b. comply with statutory or regulatory obligations, which shall include but not be limited to, those concerning health, public safety, or the environment, on condition that:
(1) there are no other less expensive alternatives available for meeting the statutory or regulatory obligations that receive approval by a majority, or greater than a majority if required by the governing documents, of all association members in good standing; and
(2) no less than 10 days prior to remittance or other action to commit to the qualifying expenditures, the association or executive board submits a report of the qualifying expenditures necessary to comply with the statutory or regulatory obligations and results of the votes at which the qualifying expenditures and less-expensive alternatives, failed to receive approval by a majority of all association members in good standing, or greater than a majority if required by the governing documents, to all association members.
5. This act shall take effect
on the first day of the seventh month next following enactment, and shall apply
to any vote or election conducted on or after the date of enactment, and any
actions in relation to the vote or election taken in anticipation of the vote
or election.
STATEMENT
This bill establishes fair standards for the election and recall of executive board members of common interest communities and requires association member approval for certain expenditures.
The bill would require associations to hold elections at two-year intervals under the administration of an independent election committee of association members who are neither current executive board members nor candidates for the executive board and would restrict the maximum terms of executive board members to two years. The bill would also limit the size of executive boards to three members for communities comprised of less than 11 homes, provide a default size of five members for the executive boards of all other communities unless the bylaws provide otherwise, and extend the election provisions of the "Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.) to include associations with less than 50 units. Further, the bill would clarify an association's election notice obligations by requiring two written notices of an election: the first, to notify members of the election, election rules, and to allow for nominations and interested candidate applications; the second, to provide association members with the official list of candidates, election information, and absentee and proxy ballots. An association would be required to be send the first notice no later than 60 days prior to the election and the second no more than 30 nor less than 14 days prior to the election.
The bill would require associations to permit owners to vote anonymously for executive board members and to cast a ballot by mail, in person, or by electronic means. The election committee would have the exclusive authority to investigate election challenges and to report substantiated allegations of vote tampering or fraud to the Division of Housing and Development in the Department of Community Affairs (agency), unless the allegations involve the election committee or its members directly. In such case, any aggrieved association member could report only those allegations directly concerning the election committee to the agency, which would have discretion to conduct its own investigation. If the agency determines that the association's management, legal team, candidates, or the election committee are guilty of vote tampering or fraud, the election would be considered void, violations constitute a disorderly persons offense, and the election committee would be required to report the determination to the county prosecutor's office.
The bill also establishes standard procedures for the recall and removal of executive board officers or trustees, and provides that any member of the executive board may be recalled and removed from office, with or without cause, by a majority of the association members at a special meeting called for that purpose.
Further, under the bill, any expenditures in excess of $100,000 or maintenance fee increases exceeding the Consumer Price Index (qualifying expenditures) require 30 days' notice to be provided to all association members prior to a formal vote on the expenditures, which require approval by a majority of association members in good standing, or greater if required by the governing documents. The bill contains an exception that allows an association to make qualifying expenditures to respond to an emergency. The bill contains an additional exception allowing the association to make qualifying expenditures that are necessary to comply with statutory and regulatory obligations, on condition that: (1) there are no other less expensive alternatives that receive approval by a majority of association members, or greater if required by the governing documents, and (2) the association provides a written report to all association members of the qualifying expenditures and votes at which the qualifying expenditures and less expensive alternatives, failed to receive approval by a majority of association members, or greater if required by the governing documents.
This bill would take effect on the first day of the seventh month next following enactment, and apply to any vote or election conducted on or after the date of enactment, and any actions in relation to the vote or election taken in anticipation of the vote or election.
