“Virtually all of the governing documents (master deed and/or bylaws) of condo associations, with which we have been involved, confer authority upon the board of directors to adopt and/or amend rules and regulations,” said partner Joel M. Ellis of the New Jersey-based law firm Kates Nussman Rapone Ellis & Farhi, LLP “Therefore, it is not correct that future condo boards would be precluded from modifying or reversing such rules.
“Further, N.J.S. 46:8B-14(c) of the N.J. Condominium Act confers authority on the board to adopt, amend and enforce rules and regulations, subject to the right of a majority of unit owners to change such rules. In order for it to be valid and enforceable rules and regulations must be adopted by a formal vote of the board and distributed to the unit owners.
“Rules and regulations must be uniformly and not selectively enforced. For example, a rule prohibiting unit owners from having dogs will likely not be enforced if it is not uniformly enforced to all unit owners.”