REvisions to NJ Radburn Law

Our HOA BOT is conducting regular HOA business behind closed doors in a Executive meeing.
The Radnurn law in NJ has be revised see below.
does this change in permitting Binding votes behind closed doors now also mean all HOA businness can be conducted behind closed doors and closed to the homeowners

Requirement for Open Session Board Votes. The Appellate Division reversed N.J.A.C. 5:26-8.12(e)2, which provided that a board may not take a binding vote during a closed session. CAI-NJ argued that PREDFDA allows association boards to hold closed sessions based on the four exceptions, and votes taken at those sessions may be binding as long as they fall into one of the four exceptions under J.S.A. 10:4-6 to -21. The Appellate Division agreed and found the “statute does not forbid binding votes from being taken at all closed meetings, as the regulation does.”

JohnA: What ARE the "four exceptions?"

So, JohnA & Gregory,Tthere are typically about 4 in most states. Usually state code makes it pretty clear. Please share with me the four in NJ and then the "additional ones you see.

In Calif, five are are

1..Potential litigation; attorney/assoc. activity

2. Personnel matters (directors & committee members are NOT "personnel" in Cl alia. & Moab;y, I think, elsewhere.

3. owner discipline, eg., late or missing assessments; violating architectural ruls of rules o conduct in the common area, etc.; thier tanks misconduct.

4.Payment plans for individual owners.

5. contracts in formation with 3rd parties

Hmmmm; maybe JohnA isn't in a "condo HOA," which is different than a detached home HOA in NJ?

(In Cali they're all the same statutes.)

Here is the PREDFA N.J. Stat. § 45:22A-46

"(1) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy;

(2) any pending or anticipated litigation or contract negotiations;

(3) any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer, or

(4) any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee of the association.

At each meeting required under this subsection to be open to all association members, and voting-eligible tenants where applicable, the participation of unit association members, and voting-eligible tenants where applicable, in the proceedings or the provision of a public comment session shall be at the discretion of the executive board, minutes of the proceedings shall be taken, and copies of those minutes shall be made available to all association members, and voting-eligible tenants where applicable, before the next open meeting."

The meetings that are closed if they don't fall into the four exceptions they need to be open. I have seen government agencies will have have open and closed meetings at the same time. They will do a closed meeting at the end of the open portion to discuss items that are not open to the public.

John are all of the meeting closed?

A monthly meeting is open to the Home owners but it is nothing more than a status report as to what the Board did in the executive meetings.
No vote has been taken at the open meetings in 5 months.
The Board issued an update on what some of the "Behind the scenes activities"
Their new closed door approach is "Communicate & Collaborate" no mention of Home owner participation other than via volunteering on a committee