—Frustrated in Central Jersey
“Your current board and management company is also required to provide the minutes for open meetings when requested by a unit owner of the association. The New Jersey Condominium Act requires that ‘the bylaws of associations provide that: all meetings of the 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…At each meeting required under this subsection to be open to all unit owners, 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.’ Accordingly, your current management company and board are required to provide minutes of the open meetings to unit owners. You should request the meeting minutes in writing. If you still are unable to obtain the minutes, you may contact the Department of Community Affairs for assistance in obtaining the minutes.
“In addition, you mentioned assessments have been increased over a three-year period and an additional ‘six month assessment’ was levied for lobby repairs. In most instances, boards are entitled to raise the annual assessments in a yearly budget. The ‘six month assessment’ earmarked for ‘lobby repairs’ that you describe appears to be a special assessment and not part of the annual assessment. You should inquire whether this ‘six month assessment’ was a special assessment. If so, you should consult your association’s governing documents as to the requirements for the imposition of a special assessment. Many governing documents require unit owners to approve a special assessment by majority vote. Accordingly, the validity of this ‘six month assessment’ may be in question.”