Many times, in larger Condominium or Homeowners’ Associations, a significant number of members are unable attend their Association’s annual meeting to elect trustees and officers. Until recently, the usual way to address this problem was to allow paper ballots via mail or hand-delivery by another Association member. With the variety of electronic communications now available, it only seems appropriate that voting procedures in these Associations should catch up with the times.
On July 13, 2017, the “Radburn Bill” was enacted which modifies the allowable voting procedures under the Planned Real Estate Development Full Disclosure Act (“PREFDA”), N.J.S.A. 45:22A-43 et seq. Specifically, the Radburn Bill amended PREFDA to expressly allow “electronic voting” if the Association’s Board authorizes such voting methods and an individual member consents to casting her vote electronically.
Of course, it is up to each individual Association’s Board and each individual Association member to determine whether or not to use electronic voting for their elections. If you have any questions regarding your Condominium or Homeowners’ Association, please call our attorneys Ray Went or Eric Goldstein at (609) 927-1177 to discuss your particular situation.