New Jersey Open Public Meeting Requirements

Started by MikeB3 • 23 replies • 4562 views

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MikeB3 (New Jersey)
Posts: 28

Posted:

Hi All,
I have recently become the Treasurer of our local Homeowner Association which is experiencing considerable conflict. Among other things, a concerned member asserts that our annual meeting and Board meetings should not be allowed because proper notice under NJ state law was not performed and claims to have opened a dialog with the state authorities. Here is a link to the State of NJ website which I assume our member is quoting:
http://www.nj.gov/dca/codes/newhome_warranty/assoc_regs_initiative.shtml
The Board has asked me to advise on this issue. Before recommending expensive and time consuming measures, I am wondering whether a HOA consisting of 76 single family homes is bound by these notice requirements for every open meeting. All of our common property is outdoors and it is difficult to find a "prominent" place to post. My next step is to call an attorney, but I though I would run this by this excellent site first. Thanks in advance, Mike

BrianB (California)
Posts: 2,820

Posted:

it looks like the HO is right, however, i would have to research N.J.S.A. 45:22A-46 to make sure that your HOA is covered under the definition and scope of the law.

I give the HO about a 98% chance of being right, based on my two minute reading.

MikeB3 (New Jersey)
Posts: 28

Posted:

The Board is hoping to go to a monthly meeting schedule from the current quarterly meetings. The expense of the notice requirement could be a deterrent.

BrianB (California)
Posts: 2,820

Posted:

It's not a big deal:

The law states: Open Public Meetings

All meetings at which a board takes a binding vote are required by law to be open to all owners and advance notice of such meetings must be given as provided by law. The laws governing open public meetings in planned real estate development associations can be found in N.J.S.A. 45:22A-46 or for condominiums in N.J.S.A. 46:8B-13a and N.J.A.C. 5:20-1 et seq.

Advance notice, as prescribed by N.J.A.C. 5:20-1.2(b) shall mean 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 and must be filed with the person responsible for administering the business office of the association. In addition, it is to be forwarded by mail, telephone, telegram, or hand delivery to at least two newspapers that have been designated by the governing board or by the association to receive such notices. Condominium association by-laws may prescribe additional or alternative methods of providing notice, which provide an equal or greater prospect that unit owners will receive it. Mailings directly to owners, for example, are permitted, as is hand delivering a copy to each unit door.

So, do it this way:
The board of the XXXX holds monthly meetings on the third tuesday of every month at XXX location at XXXX time. The agenda is as folows: Opening, reading and approval of minutes, approval of expenditures for past month, discussion of HO complaints received, etc... Make it generic.

Or, do it for every month, just remember all you have to do is post it in ONE location, and call the newspapers and leave a voice mail. The law does not require you mail to every member every month.

MikeB3 (New Jersey)
Posts: 28

Posted:

Thanks Brian. We may not have been reading this correctly. So forwarding to the newspapers is just that. There is no payment for printing involved like a classified ad. And the posting in a prominent place and forwarding suffices for notice without mailing, which is not required by our governing docs. Am I on board here?

BrianB (California)
Posts: 2,820

Posted:

Yup. the state law doesn't say you must take out an ad, just give notice to the paper. perhaps they have a community notes section they "could" run it in. Perhaps they do pro bono notices for HOA's. Perhaps they ignore it. Doesn't matter, if the NJ Legislature wanted you to take out an ad in the paper, they should have stated that clearly in the law.

GloriaM (North Carolina)
Posts: 829

Posted:

Mike:

If the board holds monthly meetings, you just need to notify the Owners that each month on the 3rd Tuesday at 7:00PM there will be a meeting. If you have a bulletin board or place where you can post such information that is notification.
However for your annual meeting notices must be mailed.

I used to manage in NJ shore area; Long Branch, Asbury Park, Red Bank, Belmar, Brielle and more.

BrianB (California)
Posts: 2,820

Posted:

Also note Mike, the law only applies to those meetings where the board takes a binding vote. Thus, any meeting where items are discussed, but not voted upon, would be exempt and you would not be required to even post the notice.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Plus, most newspapers do not charge for community announcements such as this.

Our state doesn't require such notice, neither does our CC&RS or bylaws, but our homeowners get a kick out of seeing our HOA listed in the paper in the community meetings section, so. . . . whatever makes 'em happy!!

You don't even have to mail it. Most newspapers allow you to send email notices.

I bet your local paper does too.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Mike,

If your BOD mails a newsletter periodically you can publish the meeting dates there. This is what my assn does now that we no longer get a local newspaper that used to publish the notices every week. We are mailed a quarterly newsletter each month.

GeraldT4
Posts: 1,022

Posted:

Quote:

Posted By BrianB on 04/18/2008 3:09 PM
Also note Mike, the law only applies to those meetings where the board takes a binding vote. Thus, any meeting where items are discussed, but not voted upon, would be exempt and you would not be required to even post the notice.

The New Jersey State Department of Community Affairs requires that all association open meetings have advance written notice which is posting of agenda in a prominent place 48 hours prior to the open meeting, mailing of agenda and notice of meeting to 2 newspapers (no payment required to take out an ad), and the association BOD can provide greater notice by mailing the notice and agenda of the meeting to all owners. In NJ a Board must call an open meeting when a binding vote is taken and the Open Meeting Act OPMA applies. The law applies to meetings that are called as open. However if there is no vote intended to be taken at the meeting, the OPMA still applies, an agenda and adequate advance notice is still required if that meeting is called as an open meeting. For example, a Board may choose to make all meetings, working/executive open to all owners. The operative word being "open".

BrianB (California)
Posts: 2,820

Posted:

gerald, i am a bit confused by your last post.

If no binding vote is taken (intended to be taken), then how exactly does the OPMA apply? WHat am I missing in my reading of the statute?

GeraldT4
Posts: 1,022

Posted:

BrianB - The agenda of an open meeting may or may not include a matter to be voted upon. The purpose of NJ OPMA is to require association Boards to follow notice requirements for all meetings that are open. If workshop sessions are open, an agenda must be provided,OPMA must be followed, just like an open meeting. As I'm sure you know, many associations throughout the country have more than just one annual and open meeting a year. Some NJ association Boards think they don't have to provide notice according to NJ OPMA for workshop session that are open. Those Boards are exposing themselves to liability because they are legally in the wrong.

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By GeraldT4 on 04/19/2008 1:36 PM
BrianB - The agenda of an open meeting may or may not include a matter to be voted upon. The purpose of NJ OPMA is to require association Boards to follow notice requirements for all meetings that are open. If workshop sessions are open, an agenda must be provided,OPMA must be followed, just like an open meeting. As I'm sure you know, many associations throughout the country have more than just one annual and open meeting a year. Some NJ association Boards think they don't have to provide notice according to NJ OPMA for workshop session that are open. Those Boards are exposing themselves to liability because they are legally in the wrong.

I guess i am still confused by the terms you use, OPEN. The OPMA requires that any meeting that has a binding vote be "open" and have notices sent/posted (in some form or another). Meetings that do not have a binding vote do not require notices be sent/posted. Are you saying there are open meetings that require notices that do not have a binding vote? If so, what portion of the act did i miss reading? Splain it to me s l o w l y like i am six years old, and perhaps I will understand it (no guarantees, however)...

GeraldT4
Posts: 1,022

Posted:

BrianB - Yes, OPMA requires that any meeting that has a binding vote must be "open". However, not all open meetings, or workshop/executive meetings have agenda items that require a vote. If the workshop/executive meeting is called as open that does not relinquish the responsibility of the BOD to adhere to OPMA just because no vote is to take place. A meeting that is open to everyone requires agenda and OPMA adherence. If during the course of BOD discussion (during an open workshop meeting of the BOD) it becomes apparent that a matter requires a vote, and that matter is on that meetings agenda, and the agenda follows OPMA requirements, than the BOD can vote then and there. A lot more work would get done by a BOD with transparency to the community, don't you think? If during the course of BOD discussion (during an open workshop meeting of the BOD) it becomes apparent that a matter requires a vote and that matter was not on that meetings agenda, then ANOTHER open meeting will need to be called following OPMA requirements. Given the NJ laws requirements and restrictions on a BOD, what I believe the intent is of NJ legislators was to make it apparent to BOD's that almost all meetings of a BOD should be open (except legal sensitive matters, etc.), with agenda procedures to adhere to OPMA that is as comprehensive as possible (to the extent known).

BrianB (California)
Posts: 2,820

Posted:

ah, gotcha...

It's a smart idea to treat (call) all meetings as open, and do the due diligence, than split hairs between them. You may not legally have to, but it can be more expedient to do so in the long run. and better public relations.

thanks for the patience!

MikeB3 (New Jersey)
Posts: 28

Posted:

Thanks to everyone for their excellent responses.

Our Board has always allowed all interested parties to attend meetings. However, meeting notice has been somewhat informal and ad hoc. Collective misinterpretation of the law has created a perception that there would be effort and expense involved in compliance with the requirement for "forwarding" to newspapers. Since this issue first surfaced, I have been reading all the local newspapers and I couldn't understand why I never saw any HOA Board Meeting notices. There certainly are plenty of community associations around here and they must be having board meetings! Per Brian's post, I would suppose that everyone else is sending over their meeting notices over to the papers, but they are not getting printed. We can work with this. The papers can print them or not, as long as we are not stuck with a big financial and copy editing burden.

Moving along, all the common property owned and administrated by our Association is outdoors. Is tacking the Meeting Notice about 48" high on the wooden signpost located at the intersection of the two main through roads in our development going to work? Thanks in advance, Mike

BrianB (California)
Posts: 2,820

Posted:

it should.

MicheleD (Kentucky)
Posts: 4,491

Posted:

LOL....

Depends. . . does your HOA have a CC&R restricting "signs"???

As a matter of fact, our HOA did and we had it amended so we could post an "annual meeting" notice sign at the signature entrance.

GeraldT4
Posts: 1,022

Posted:

MikeB3 - Posting the meeting's agenda to the extent known 48 hours in a prominent place advance is required. Sounds like your location is prominent enough, but what about getting a clear plastic folder with an area to insert the agenda on mailboxes?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Glen,

Be careful about posting anything on mailboxes. The USPS doesn't allow it; however, if you're friendly with your postal carrier he may let you do it. In my former assn, my postal carrier gave me permission to post meeting notices on the mailbox IF I agreed to take them down the next day. I agreed, and made certain they were promptly removed. But then my term of office expired and the new board didn't adhere to the agreement. A postal inspector came by and saw the meeting notice and issued a warning to the mail carrier.

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By MaryA1 on 04/25/2008 2:50 AM
Glen,

Be careful about posting anything on mailboxes. The USPS doesn't allow it; however, if you're friendly with your postal carrier he may let you do it. In my former assn, my postal carrier gave me permission to post meeting notices on the mailbox IF I agreed to take them down the next day. I agreed, and made certain they were promptly removed. But then my term of office expired and the new board didn't adhere to the agreement. A postal inspector came by and saw the meeting notice and issued a warning to the mail carrier.

Mary thanks for the advice but if you check this is the first time I've posted on this subject! Is this a prophylactic warning or did you intend it for Gerald?

Studies show that 5 out of 4 people have problems with fractions

BrianB (California)
Posts: 2,820

Posted:

she kind of meant it for you if you followed Gerald's advice... the sun does hard things to the eyes there in AZ, you have to forgive them/us.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Guess I just had you on my mind, Glen. But I had the "G" right!!

Thx, Brian. I think the AZ sun does more than just affect the eyes!

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