Q. Our board and attorney amended some rules and regulations without sending a ballot to homeowners to vote in the changes. The attorney says the board has the right to change and amend as specified in the Radbun laws in New Jersey. Is this correct?
—Where’s My Vote?
A. “It depends,” says attorney Arnold Calabrese of the Morristown office of Becker law firm. “If the board has the power to amend rules and regulations by board vote pursuant to the association’s bylaws, then no vote of the membership is required. Otherwise, the Radburn Law in New Jersey requires that amendments to the bylaws, including the rules and regulations specifically contained therein, must be approved by an affirmative vote of the membership, with two exceptions. The first exception is where the board votes to amend the bylaws to conform to current law. In this case, no vote of the membership is required. The second exception allows the board to vote to amend the bylaws, but before the amendment becomes effective the board must send a rejection ballot out to the membership and such an amendment will pass as long as 10 percent of more of the eligible voters do not return the rejection ballot opposing the board’s proposed amendment within 30 days of mailing the rejection ballot to the membership.”
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