The Radburn law is New Jersey's community association reform statute (P.L.2017, c.106) that requires HOAs and condominium associations to hold fair elections, give proper notice, and open most board meetings to members. In New Jersey, it means boards can no longer control elections behind closed doors, and every eligible owner gets a genuine vote. Homestead Management Services helps boards across the state put these rules into daily practice.
Key facts:
- The Radburn law was enacted as P.L.2017, c.106, amending New Jersey's planned real estate development laws.
- The New Jersey Department of Community Affairs (DCA) adopted implementing regulations in 2020 that spell out ballot, nomination, and meeting requirements.
- It applies to associations governed under New Jersey's planned real estate development framework, including many HOAs, condos, and townhome communities.
What Is the Radburn Law and Why Was It Passed?
The Radburn law is named after the Radburn community in Fair Lawn, where a long-running dispute over self-perpetuating boards exposed weaknesses in how association elections were run. The Legislature passed P.L.2017, c.106 to guarantee that unit owners could nominate candidates, cast secret ballots, and hold their boards accountable. Before Radburn, some boards effectively appointed their own successors with little owner input. Homestead Management Services works with boards throughout /areas-we-serve/north-jersey to align their bylaws and practices with these standards.
What Election Rules Does the Radburn Law Require?
The law and its DCA regulations require open nominations, a secret ballot, and a fair counting process. Any eligible member in good standing must be allowed to run for the board, and self-nomination is protected. Ballots must let owners vote by secret written ballot, absentee or proxy where the governing documents allow, and results must be counted transparently. Boards cannot use insurmountable qualification hurdles to keep members off the ballot.
How Much Notice Must Boards Give?
Associations must give members advance written notice of elections and of meetings where votes occur. The DCA regulations set out timing for nomination solicitations and ballot distribution so owners have a real chance to participate. Notice should reach every eligible household through the methods allowed in the governing documents, and it should clearly state the date, time, and place (or virtual access) for the meeting. Good documentation of notice protects the board if a result is later challenged.
Which Meetings Must Be Open Under the Radburn Law?
Most board meetings where binding decisions are made must be open to members, with limited exceptions. Boards may still meet in closed (executive) session for narrow matters such as pending or anticipated litigation, personnel issues, contract negotiations, and matters involving an individual owner's privacy. Decisions that commit the association's money or set policy generally belong in an open meeting. Members also have the right to a reasonable opportunity to comment.
What Happens If an Association Ignores the Radburn Law?
An association that fails to follow the Radburn law and DCA regulations risks challenged election results, member complaints to the DCA, and litigation. Owners can dispute a defective election, and courts may order a re-vote. Beyond legal exposure, ignoring the rules erodes trust between the board and the community. Homestead Management Services helps boards in /areas-we-serve/central-new-jersey document compliance so disputes are far less likely.
How Should Boards Document Radburn Compliance?
Good documentation is a board's best defense if an election is later challenged. Boards should retain copies of nomination solicitations, ballot instructions, notice of meetings, and the tally of votes, along with dated minutes recording the outcome. Keeping these records organized shows the association followed the Radburn law and DCA regulations at every step. Homestead Management Services maintains this paperwork for boards so nothing is lost when volunteers rotate off the board.
Radburn Compliance Checklist for NJ Boards
| Step | What the Board Must Do |
|---|---|
| 1. Solicit nominations | Invite all eligible members to run and accept self-nominations |
| 2. Verify eligibility fairly | Apply only reasonable, uniform qualification standards |
| 3. Distribute ballots | Provide a secret written ballot with proper instructions |
| 4. Give proper notice | Send advance written notice of the election and meeting |
| 5. Count transparently | Tally votes openly and record the results |
| 6. Open the meeting | Hold binding votes in an open session with member comment |
| 7. Keep records | Retain notices, ballots, and minutes as evidence of compliance |
Frequently Asked Questions
Q: What is the Radburn law in New Jersey? The Radburn law is P.L.2017, c.106, a New Jersey statute that reformed how community associations run elections and meetings. It guarantees open nominations, secret ballots, advance notice, and open board meetings for most decisions.
Q: Does the Radburn law apply to my HOA or condo? It applies to associations governed under New Jersey's planned real estate development framework, which covers many HOAs, condominium associations, and townhome communities. If your community has a board elected by owners, the Radburn rules very likely apply.
Q: Can a board member nominate themselves under the Radburn law? Yes. The law and DCA regulations protect self-nomination so that any eligible member in good standing can run for the board. Boards cannot block qualified candidates from appearing on the ballot.
Q: Are all HOA board meetings required to be open? Most meetings where binding decisions are made must be open to members, but boards may enter closed session for narrow topics like litigation, personnel, and contracts. Financial and policy decisions generally belong in open session.
Q: What notice does an association have to give before an election? Associations must give members advance written notice of the election and any meeting where votes are taken, following the timing set in the DCA regulations. Notice should state the date, time, and access details and reach every eligible household.
Q: What can homeowners do if the board violates the Radburn law? Owners can raise the issue with the board, file a complaint with the New Jersey Department of Community Affairs, or pursue a legal challenge to a defective election. Courts can order a new vote if the process was flawed.
Sources & Further Reading
- New Jersey Department of Community Affairs — https://www.nj.gov/dca/
- New Jersey Legislature (statutes and public laws) — https://www.njleg.state.nj.us/
- Community Associations Institute — https://www.caionline.org/
- Homestead Management Services — /request-proposal to discuss Radburn compliance for your board.
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