New Regulations for Common Interest Communities Concerning Elections and Board Meetings

The New Jersey Department of Community Affairs, Division of Codes and Standards (DCA) published new regulations under the Planned Real Estate Development Full Disclosure Act (PREDFDA) on May 18, 2020. These new regulations are intended to serve as an update to the Radburn Election Law (P.L. 2017, Ch. 106) and will have a significant effect on communities throughout the State. Although there has been a discussion of a possible judicial challenge to the regulations, unless they are stayed by court order or otherwise overturned, they represent the law applying to association elections and boards and association managers must comply with them, otherwise risking a challenge to the results of the election.