Protect Your Vote.
Demand free and fair election.
"Because of the significant influence community associations have over the lives of their residents and because community associations are creatures of State law, it is unfair and runs contrary to American democratic values for these communities to be governed by trustees who are not elected in a fair and open manner;"
Fellow neighbors:
On February 26th, the management company sent an email titled "WRM ANNUAL MEETING MAY 2024 INFORMATION." While the email itself was concise, it did contain election information within the attachments.
Bellow are my observations regarding this communication. If you did not receive the email or require a copy, please feel free to contact me.
02/29/2024 "OFFICIAL" NOTICE
Our By-Laws define the annual meeting and its purpose. This year the meeting must be held on October 7, 8:00 PM, not in May. ¹
The annual meeting is NOT a Board of Directors meeting - it is a meeting of the unit owners. ¹ Contrary to what the notice states, such meetings must be open to participation to all regardless if they are in good standing or not.
The notice should provide a definition of good standing because it is sole criterion for the eligibility of a nominee or casting a vote.² ³ ⁴
All five (5) seats are up for election. Who gets to fill those seats is up to the owners. ¹ ⁵ ¹⁴
Our quorum is 51% of the unit owners in person, by proxy or by absentee ballot. ⁶ ⁷ ⁸ By-Laws state the annual meeting may adjourn until such a quorum is reached. ⁹ If a meeting is adjourned, all previous votes should continue to count, votes may be amended and unit owners who were not eligible to vote may cast a vote if they return to good standing.
The notice only provides a mailing address for submission, while the forms give an option to submit via email. These types of inconsistencies should be fixed in the official election communications to avoid confusion and irregularities.
The notice does not explain that nominees may submit a Candidate Statement which will be distributed with the ballots.
"OFFICIAL" 2024 NOMINATION FORM
The form does not state how many seats are available (there's a minimum of five).⁵
The form does not state the right of any unit owner to nominate another Unit Owner(s) for a seat on the Board. ¹⁰ ¹¹ ¹² ¹³
There can be as many nominations as the unit owner wishes to submit, but this form only gives an option for one self-nomination. ¹⁰ ¹¹ ¹² ¹³
The form does not state the term for each of the available Board seats. ⁵ ¹⁴
The form does NOT provide a definition of "good standing", which may make this term open to interpretation.² ³ ⁴
The form fails to advise that it's a responsibility of the Association to verify and notify of the good standing status allowing the member to challenge this decision. ¹⁵
Only By-Laws define "good standing", not the Master Deed as cited in the form.
“All association members may nominate any member for candidacy, including self-nomination. The association shall ensure that all nominees are in good standing. Good standing shall be the sole criterion for the eligibility of a nominee.”
CANDIDATE INFORMATION FORM
The Board of Directors are the Guardians of the Community, Not CEOs!
The Board is not a power grab, but dedicated volunteers shaping our community's future. While qualified leadership is crucial, a restrictive information form focused solely on specific questions, such as professional experience in Finance, Real Estate, Accounting, Management disregards the diverse strengths within our 96-unit community.
Limiting the candidate pool through overly narrow questioning hinders the nomination process and potentially disqualifies qualified individuals. That is exactly why, Paragraph IV. "Running for Office" in NJ DCA (Department of Community Affairs) election guidelines for the Associations states:
a(i). Written notice may be on a form provided by the association which shall only request: candidate’s name, mailing and electronic address (if any), unit or lot owned, or in which the candidate resides (if a tenant).
Email: WRM ANNUAL MEETING MAY 2024 INFORMATION
Email only notification: Did everyone receive and access this email? Given the limited channels for communication (absence of flyers, website, and letter sign updates), email delivery becomes crucial.
Recipient is not alerted of the enclosed election information: The email subject or body makes no mention that it contains election information attachments. Attachments can be easily overlooked.
File format accessibility: Not everyone may have access to view, edit and print Microsoft Word files. Attachments should be sent in a universal format like a PDF.
Election procedure not available: The terms and election process haven't been shared. Keeping with general democratic principles and practices, this information must be transparent and accessible before nominations. Those seeking to serve on the Board are making a significant commitment, so it's only fair to have a level playing field for potential candidates and voters alike.
FOOTNOTES & RESOURCES
FOOTNOTES
² By-Laws ARTICLE III "Meetings of Unit Owners" Section 9.
³ N.J. Stat. § 45:22A-23(r) (pg. 37)
⁴ N.J. Admin. Code § 5:26-8.8(c)(pg. 80)
⁵ By-Laws ARTICLE IV "Board of Directors" Section 3.
⁶ By-Laws ARTICLE III "Meetings of Unit Owners" Section 6.
⁷ N.J. Stat. § 45:22A-45.2a (pg. 89)
⁸ N.J. Admin. Code § 5:26-8.9(d)(3) (pg. 82)
⁹ By-Laws ARTICLE III "Meetings of Unit Owners" Section 10.
¹⁰ N.J. Stat. § 45:22A-45.1(f )(pg. 87)
¹¹N.J. Stat. § 45:22A-45.1g(1) (pg. 87)
¹²N.J. Stat. § 45:22A-45.2(c)(3) (pg. 89)
¹³ N.J. Stat. § 45:22A-45.2(c)(4) (pg. 90)
¹⁴ N.J. Stat. § 45:22A-45.2(c)(1) (pg. 89)
¹⁵ N.J. Admin. Code § 5:26-8.9(k)(4) (pg. 83)
ADDITIONAL RESOURCES
As evident, only entering the nomination process there's already a great deal of concerns regarding potential non-compliance with New Jersey Law and our Association By-Laws in these recently distributed materials.
The Board of Directors and the Management must assure fair and legal elections that fully respect the statutory and membership rights of all the association members. The Board should rescind distributed materials immediately and provide election guidelines with revised materials that adhere to all governing documents, statues and regulations.
An open and fair elections are fundamental to good governance and a legal requirement.
Protect your vote.
Demand free and fair election.