Q. Our association in northwest New Jersey always (until now) had absentee ballots with names of candidates who have been nominated, plus a blank spot for the recipient to nominate. We also always had a spot on the actual ballot to nominate from the floor. Now management has removed both of these, stating that as of October last year, a new rule eliminating nominations from the floor had been enacted. Could you validate and clarify?
—Seeking Clarity on the Election Process
A. “Assuming this development has more than 50 units,” says attorney Bruce Ackerman of the Hackensack-based law firm Pashman Stein Walder Hayden, “yes, the ‘Radburn Act’ adopted in 2017 provides the following for elections: ‘The association shall provide written notice to all members of the right to nominate themselves or other members in good standing for candidacy to serve on the association board. This notice must be provided no later than thirty (30) days prior to mailing the notice of election meeting. The period for submitting nominations shall not be less than fourteen (14) days from the mailing of the request for nominations. Nominations shall be made up to (a.) the last day set for the nomination of candidates, or, if no date is set in the initial notice, then (b.) the day prior to the mailing of notice of the election. The association must provide all association members written notice of the election no less than fourteen (14) days or more than sixty (60) days prior to the scheduled election.’”