HOA Voting Rules in New Jersey

Yes. N.J.S.A. §45:22A-45.2(c)(6) tells associations to use ballots "whether paper ballots or electronic ballots," and §45:22A-45.2(c)(8) provides that an association "shall not prevent voting for an executive board member by electronic means" where the executive board determines to employ voting that way and the member consents. The implementing rule sets the conditions: under N.J.A.C. 5:26-8.9(h)4, if the bylaws permit and the association member consents, a ballot may be cast electronically "if it is administered by a neutral third party and anonymity is maintained," and under 5:26-8.9(g)2 anyone eligible to vote must be allowed to cast a vote electronically once electronic voting is permitted. Electronic voting does not require public tallying because results are immediately available, but the results must be open to inspection by any member for 90 days after the election (N.J.A.C. 5:26-8.9(h)2i).

Board elections for condominiums and planned developments alike run under the Radburn law (N.J.S.A. §45:22A-45.1 et seq.) and its rules at N.J.A.C. 5:26-8: a call for nominations at least 30 days before the election notice, then written notice with the ballot no less than 14 and no more than 60 days before the election meeting. The New Jersey Condominium Act (N.J.S.A. §46:8B-1 et seq.) sets the surrounding requirements for meetings, notices, and governance procedures, and §46:8B-12.1(b) sets a 20-to-30-day notice for the transition meeting specifically. Your master deed and bylaws provide the rest.

The Planned Real Estate Development Full Disclosure Act (NJSA §45:22A-21 et seq.) provides consumer protections and governance requirements for planned developments. The Department of Community Affairs provides oversight. Proper election documentation helps demonstrate compliance with these requirements.

Quorum in New Jersey: Governed by association bylaws. New Jersey law requires specific meeting, notice and election procedures for condominiums and planned developments, and since the 2017 Radburn law the election mechanics — nominations, ballot delivery, proxy disclosures and electronic voting — come from N.J.S.A. §45:22A-45.2 and N.J.A.C. 5:26-8 rather than the bylaws alone. If a vote falls short, most bylaws allow the meeting to be adjourned and reconvened, often at a reduced threshold on the second attempt. Check your declaration for the exact procedure, because the fallback rule is usually in your governing documents rather than in statute. Online voting is the most direct fix: members vote from a phone or laptop instead of attending in person, and Vote.Direct tracks quorum progress live and reminds the members who haven't voted yet.

For an ordinary executive board election, N.J.S.A. §45:22A-45.2(c)(5) requires written notice by personal delivery, mail, or electronic means, no less than 14 and no more than 60 days before the meeting at which the election is scheduled, and the notice must include the ballot — plus a proxy ballot and an absentee ballot unless the bylaws prohibit them. A separate written notice of the right to nominate must go to every member no later than 30 days before that election notice is mailed (N.J.S.A. §45:22A-45.2(c)(3)), and members get at least 14 days to submit nominations. Associations with fewer than 50 units give written notice of the election not fewer than 14 and not more than 30 calendar days before it (N.J.A.C. 5:26-8.9(k)1). Electronic notice may be used only where the member has agreed in writing to accept it, or where the governing documents permit it and absentee or proxy voting remains available. The 20-to-30-day window in N.J.S.A. §46:8B-12.1(b) is not the general rule — it applies only to the transition meeting held within 30 days after owners other than the developer first become entitled to elect board members. For board meetings, N.J.S.A. §46:8B-13(a) requires "adequate notice" given "in such manner as the bylaws shall prescribe," and N.J.A.C. 5:26-8.12(c) requires at least seven days' notice of any open board meeting in addition to the annual open meeting schedule the association must post. Your governing documents can require more notice than the statutory floor, never less. Count the notice window backwards from your meeting date before you open voting, and keep a copy of the notice and its delivery date with the election record.

New Jersey's Condominium Act contains no proxy provision — the operative rules come from PREDFDA as amended by the 2017 Radburn law. Under N.J.S.A. §45:22A-45.2(a), any proxy an association uses must carry a prominent notice that use of the proxy is voluntary on the part of the granting owner, that it can be revoked at any time before the proxy holder casts a vote, and that absentee ballots are available; an association may not use proxies for an executive board election without also making absentee ballots available. N.J.A.C. 5:26-8.9(d) restates those requirements as a rule. An association also may not prohibit a proxy holder, or someone acting under a valid power of attorney, from casting a vote for any nominated candidate (N.J.S.A. §45:22A-45.2(c)(2), (c)(7)). Online voting sidesteps the proxy machinery entirely — New Jersey lets members vote electronically themselves. Proxies exist mainly to solve an attendance problem. When members can cast a verified ballot online during a multi-day voting window, most communities find proxy use drops sharply, along with the disputes about whether a given proxy was valid.