DCA Proposed Changes for 2019

The DCA Proposed Changes include Additional Regulations, Amendments, Fines & Penalties

The New Jersey 2019 DCA proposed changes regulate association and community living. A copy of the full text can be found on the DCA’s site by following this link.

These proposed changes affect policies, penalties and fines as well as other content regarding community/association living. Opinions, regarding the proposed changes are to be submitted in writing by August 2, 2019 to:
Geraldine Callahan
Department of Community Affairs
P.O. Box 800, Trenton, NJ 08625
e-mail: [email protected]  
(fax): (609) 984-6696   

All the changes to this document are important but some of the most impactful issues from the DCA’s proposed changes are highlighted below.

Voting Changes

N.J.A.C. 5:26-8.9(h) – “This section would ensure that ballots are cast anonymously, kept in a secure depository, counted publicly, and available for inspection by association members. This section would also allow ballots to be cast electronically if administered by a neutral third party and anonymity is maintained.”

Board Issues

N.J.A.C. 5:26-8.10(a)- “This change requires associations to reserve a seat or seats on the executive board for election by owners of affordable units that represent a minority of the units in the development.”

N.J.A.C. 5:26-8.12(a)- “in order for a binding vote of the executive board to occur, the vote must be taken during a meeting that is open to attendance by all association members” and “would require that the board provide a brief explanation of the basis for, and cost entailed in, any binding vote and that such explanation be included in the minutes for the meeting”

N.J.A.C. 5:26-8.12(e)-“A vote taken at a closed meeting shall not be binding. If the matter requires a binding vote, it shall be taken at a subsequent open meeting in a manner that does not disclose any confidences.”

DCA’s Ability to Levy New Fines

N.J.A.C. 5:26-8.14 – “The Department may levy and collect fines and may issue penalties as set forth in N.J.A.C. 5:26-11. 1. For associations that are controlled by unit owners, the Department may issue cease and desist orders, may issue a monetary penalty, may transmit the case to the Office of Administrative Law, or may file and action in the Superior Court.

Association Advisors NJ is here to help

As a professional property management company. Association Advisors NJ advises our communities on the impact of these changes as well as other community issues. Contact us today!

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