Taking the Fifth Q My association's documents say that the board must consist of five total members. This past election, only four people ran and got elected. Does the new board then have to appoint another member? If they choose not to for some reason, can any other unit owner step in and volunteer to serve as the fifth board member?

—Protect and Serve

A “In order to determine how the fifth seat should be filled, the first step is to look to your condominium association’s by-laws and/or certificate of incorporation to determine if there are provisions regarding vacancies on the board of trustees,” according to Gemma M. Giantomasi and Alexandra M. Hill, attorneys at the law firm of Genova Burns Giantomasi Webster in Newark.

“If there are no provisions regarding how to fill vacancies in your condominium association’s bylaws and/or certificate of incorporation and your condominium association is formed as a New Jersey non-profit corporation, New Jersey’s Non-Profit Corporation laws provide statutory guidance as to how to proceed.

“Specifically, the New Jersey Non-Profit Corporation laws provide that a vacancy may be filled by a majority vote of the remaining trustees, even absent a quorum of the board of trustees. A trustee elected in this manner will hold office until the next annual or biennial meeting and until a successor is elected and qualified.

“It should also be noted that a New Jersey non-profit corporation must have no less than three trustees. Thus, your board can operate with four members.

“It is important to have an active and engaged board of trustees, therefore when filling the vacancy, the board of trustees should consider the advantages and disadvantages of appointing someone to this vacant position, based on the candidate’s willingness to undertake the responsibilities of trusteeship.”