Written by attorney Jeffrey Paul Barnes

Open Meetings for Condominium Associations

All condominium unit owners (“Owners") must be given advance notice of every meeting at which a Board of Trustees (“Board") of the Condominium Association (“Association") plans to make a binding vote. In addition, such meetings must be open to the Owners. See Planned Real Estate Development Full Disclosure Act underN.J.S.A. 45:22A-46a and the New Jersey Condominium Act underN.J.S.A. 46:8B-13(a).

Pursuant toN.J.A.C. 5:20-1.2(b) advance notice (“Notice") means written notice, at least 48 hours in advance, giving the time, date, location, and to the extent known, the agenda of the meeting. The Notice shall be posted prominently in at least one place on the property that is accessible at all times to all unit owners, must be filed with the record custodian and either mailed, telephoned, or hand delivered to the Owners.

The Association’s by-laws in conjunction withN.J.S.A. 45:22A-46b shall include the method of calling meetings of unit owners, the percentage of unit owners or voting rights required to make decisions and to constitute a quorum. Minutes of open meetings must be taken and made available to Owners before the next open meeting. The cost of making the last meeting’s minutes available to all unit owners before the next open meeting is a common expense to be proportionally borne by all Owners.

A Board may legitimately exclude or restrict attendance by Owners at meetings dealing with certain matters, such as litigation or any matter in which the disclosure would constitute an individual privacy issue. This is called a closed session meeting. Despite the meeting being closed, any binding votes on the matter must be taken at an open meeting.

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