Q I am on our condo board. We have a problem with a previous condo board member who maintains that any rules (not bylaw changes) must be enforced by subsequent boards and can never be adjusted or changed. When she left the board the last time, without any notice or discussion, she put through a bunch of onerous rules just before leaving and now demands that future boards enforce all of them. My question is: Is it true that New Jersey laws require current condo boards to enforce rules and regulations (not made part of a condominium’s bylaws) set by a previous board, and at the same time prohibit future condo boards from ever modifying or reversing such rules?
—Stressed Board Member
“Further, N.J.S. 46:8B-14(c) of the New Jersey 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.”