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Greenbaum, Rowe, Smith & Davis LLP Client Alert

What You Need to Know 

On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the Radburn Regulations – which impose specific requirements on the election process for community associations throughout New Jersey and other areas involving community associations.

In its ruling, the Appellate Division reversed three of the Radburn Regulations, which address issues such as representation on the Boards of Trustees of associations, certain actions to be taken during closed meetings of the Boards of Trustees, and requirements relating to absentee ballots and proxy ballots.  In addition, the Appellate Division directed that the DCA clarify various of the Radburn Regulations, regarding tallying of votes for Board member elections, notifications to unit owners as to whether they are in good standing, maintenance of minutes and recordings, notices required of meetings of the Board, and requirements for consideration of amendments to bylaws. 


In 2017, the New Jersey Legislature amended the Planned Real Estate Development Full Disclosure Act (PREDFDA) in an effort to reform elections in community associations and enhance resident voting participation rights. In 2019, in response to the passage of PREDFDA, the DCA proposed new regulations as well as amendments to existing regulations. The Radburn Regulations were adopted on January 6, 2020.

On September 30, 2021, the Community Associations Institute New Jersey Chapter (CAI-NJ) petitioned the DCA for the amendment or repeal of the Radburn Regulations. The DCA’s February 9, 2022 response agreed to amend some portions of the regulations but denied the remainder of CAI-NJ's petition. CAI-NJ subsequently appealed the denial of certain regulations to the Appellate Division.

Where Things Stand Now

The Appellate Division found that certain regulations had been impermissibly altered and conflicted with existing statutes and were therefore invalid, as follows:

Greenbaum partner Dennis A. Estis, co-author of this Alert, was counsel in this matter and argued the case for appellant CAI-NJ. Mr. Estis was joined on the briefs by litigation associate and Alert co-author Akshar U. Patel.

Please contact Mr. Estis to discuss how the reversed Radburn Regulations may impact your community.

Dennis A. Estis

Dennis A. Estis
Partner, Litigation Department

Akshar U. Patel

Akshar U. Patel
Associate, Litigation Department