Bill Text: NJ S3082 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes default provision for what constitutes a quorum at homeowner association meetings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-11-10 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3082 Detail]
Download: New_Jersey-2010-S3082-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Establishes default provision for what constitutes a quorum at homeowner association meetings.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning homeowners associations and amending P.L.1993, c.30.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1993, c.30 (C.45:22A-46) is amended to read as follows:
4. The bylaws of the association, which shall initially be recorded with the master deed shall include, in addition to any other lawful provisions, the following:
a. A requirement that all meetings of the executive board, except conference or working sessions at which no binding votes are to be taken, shall be open to attendance by all unit owners, and adequate notice of any such meeting shall be given to all unit owners in such manner as the bylaws shall prescribe; except that the executive board may exclude or restrict attendance at those meetings, or portions of meetings, dealing with (1) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy; (2) any pending or anticipated litigation or contract negotiations; (3) any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer, or (4) any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee of the association. At each meeting required under this subsection to be open to all unit owners, the participation of unit owners in the proceedings or the provision of a public comment session shall be at the discretion of the executive board, minutes of the proceedings shall be taken, and copies of those minutes shall be made available to all unit owners before the next open meeting.
b. The method of calling meetings of unit owners [,] and the percentage of unit owners or voting rights required to make decisions [and to constitute a quorum]. The bylaws may, nevertheless, provide that unit owners may waive notice of meetings or may act by written agreement without meetings.
c. The manner of collecting from unit owners their respective shares of common expenses and the method of distribution to the unit owners of their respective shares of common surplus or such other application of common surplus as may be duly authorized by the bylaws.
d. The method by which the bylaws may be amended, provided that no amendment shall be effective until recorded in the same office as the then existing bylaws. The bylaws may also provide a method for the adoption, amendment and enforcement of reasonable administrative rules and regulations relating to the operation, use, maintenance and enjoyment of the units and of the common elements, including limited common elements.
e. (1) Unless the bylaws provide otherwise, a quorum shall be deemed to be present throughout any meeting of the association if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person, by proxy, or by ballot at the beginning of the meeting, provided that the number of votes necessary to approve an action shall be a majority of the quorum established at the beginning of the meeting.
(2) Unless the bylaws specify a larger percentage, a quorum shall be deemed to be present throughout any meeting of the executive board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting, provided that the number of votes necessary to approve an action shall be a majority of the quorum established at the beginning of the meeting.
(cf: P.L.1993, c.30, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill amends N.J.S.A.45:22A-46 to establish a default provision for what constitutes a quorum at homeowner association meetings unless the association bylaws provide otherwise. Under current law, association bylaws are to provide a method for constituting a quorum; however, if the bylaws are silent as to what constitutes a quorum, the provisions of this bill will serve as a uniform default method.
