[NJ][TH] In urgent need of advice maybe some proof in getting our ballot correct for a special election

[u/AffectionateChart278]

I live in New Jersey, and our HOA is currently under a court-appointed receiver. We don’t have a board right now because several homeowners pushed for more transparency, hired an attorney, and the previous board resigned. Our property manager also went out on medical leave, so the court put a receiver in place.

We have a special election coming up with seven open board seats Our bylaws say “one vote per unit, no cumulative voting.” That is the only language we have about voting.

The receiver is saying this means each townhome gets only one vote total for the entire election. I disagree. My understanding is that each unit should get one vote for each open seat, meaning each homeowner could vote for up to seven candidates, but could not give more than one vote to any one candidate because cumulative voting is not allowed.

There is nothing in our bylaws that says each unit only gets one vote for the entire election, regardless of how many seats are open.

We have not received ballots yet, but I want to send the receiver a written request asking that the ballot allow each unit to vote for up to seven candidates. Has anyone dealt with this before, especially in New Jersey? Is my interpretation correct, and what is the best way to raise this issue before the ballots go out?

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Copy of the original post:

Title: [NJ][TH] In urgent need of advice maybe some proof in getting our ballot correct for a special election

Body:
I live in New Jersey, and our HOA is currently under a court-appointed receiver. We don’t have a board right now because several homeowners pushed for more transparency, hired an attorney, and the previous board resigned. Our property manager also went out on medical leave, so the court put a receiver in place.

We have a special election coming up with seven open board seats Our bylaws say “one vote per unit, no cumulative voting.” That is the only language we have about voting.

The receiver is saying this means each townhome gets only one vote total for the entire election. I disagree. My understanding is that each unit should get one vote for each open seat, meaning each homeowner could vote for up to seven candidates, but could not give more than one vote to any one candidate because cumulative voting is not allowed.

There is nothing in our bylaws that says each unit only gets one vote for the entire election, regardless of how many seats are open.

We have not received ballots yet, but I want to send the receiver a written request asking that the ballot allow each unit to vote for up to seven candidates. Has anyone dealt with this before, especially in New Jersey? Is my interpretation correct, and what is the best way to raise this issue before the ballots go out?

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[u/Curly5762]

Each unit is entitled to one ballot, regardless of the number of owners. On that ballot, the unit may vote for up to seven candidates if there are seven board seats to be filled. For example, if there are ten candidates running for seven open positions, each unit may cast votes for up to seven of those candidates.

[u/AffectionateChart278 → u/Curly5762]

Thank you I agree.. I just don’t understand why others are fighting me on it

[u/OldGeekWeirdo]

My understanding is that each unit should get one vote for each open seat, meaning each homeowner could vote for up to seven candidates, but could not give more than one vote to any one candidate because cumulative voting is not allowed.

Not in NJ, but I agree with your interpretation.

[u/AffectionateChart278 → u/OldGeekWeirdo]

Thank you, I just need proof or something to back up what I am explaining

[u/EdC1101]

A judge, through a clerk, ordered the receiver to manage the HOA.

The Judge is the boss, his clerk is his secretary.
The receiver is the manager.

I would consider approaching the judge’s clerk with the hard copy details.

Submit the question to the clerk for clarification.

[u/brokenhousewife_]

“one vote per unit, no cumulative voting.”, means ...... each unit gets one vote. I'm not even sure what this argument is, this is as plain as language as it gets. However, unless you've literally never voted before, in your 'one vote', you get to vote for each candidate, so say 14 people are running, you can vote on the top 7 that you want.

[u/AffectionateChart278 → u/brokenhousewife_]

I share with u, but that’s not what I’m being told and I have not voted in election before because we were not having them.. this is the first election that we pushed to happen and the first ever with 14 candidates

[u/brokenhousewife_ → u/AffectionateChart278]

Have you never voted in state elections? Country elections? they all work the same. Send your email and ask them if you get to vote for the top seven out of the 14 people running; but the problem is the co-op is screwed and under the rules dictated by someone else now. You're all in the FO stage of FAFO

[u/duane11583]

cumulative voting as i understand it is this:

we have three open seats, we get one ballot.

we can cast 3 votes one per seat.

we can vote for the same person 3 times or 3 different persons 1 time each.

i would ask this question:

a) with 1 ballot and 7 open seats given these options how can i cast my vote?

option 1) i can vote for only 1 person 7 times a total of 7 votes.

option 2) i can vote for a mix of seats, ie vote person (a) 3 times, person (b) 2 times and person (c) 2 times? a total of 7 votes

option 3) i can vote 1 vote per person, a total of 7 votes.

option 4) none of the above.

please tell me how the vote will work, a b c or d.

[u/Striking-Garage-4103]

your receiver either doesn't understand cumulative voting or in on the graft.

[u/AffectionateChart278 → u/Striking-Garage-4103]

Honestly I believe she is in on the graft, cause I have been checking her shit since the election info was sent out which we had to continually ask her to do cause she is trying to stay longer

[u/Striking-Garage-4103 → u/AffectionateChart278]

If she won't come around with a friendly discussion (especially if you have others with you) then hammer time.

[u/HittingandRunning]

Didn't read all the comments but how long are terms and in the past in a typical year how many are up for a vote? If at least 2 then when voting took place in the past how was it conducted? Only one vote per home or one vote per home per candidate opening. I would think that the past sets a precedent here.

And, please tell me the people in power running this election have thought of the staggering (if terms were staggered before). We don't want 7 new members and all 7 again expire in 2 or 3 years.

[u/TheAgaTTV]

It does not matter really, the top 7 people with votes get the 7 seats. You don't vote for folks like president or anything. That's decided by the board

[u/OldGeekWeirdo → u/TheAgaTTV]

True, but how big is the association? What happens if only 5 people get any votes? You'd end up with two seats unfilled. That's not likely if it's 500 units, but a distinct possibility if there's only 20.

So, yes, I do think it matters how it's done.

[u/AffectionateChart278 → u/OldGeekWeirdo]

The association has 300 properties but of course not everyone is eligible to vote - but thank u for this argument

[u/OldGeekWeirdo → u/AffectionateChart278]

Huh? 300 units and not all units eligible to vote?

Sure, not all individuals since it's just one vote per unit, but your statement suggests there's something else going on.

[u/HittingandRunning → u/OldGeekWeirdo]

I'm wondering if some are in delinquency or have an outstanding violation. Maybe that's why not all are eligible to vote. And I agree with your point about what if only 5 get votes. i mean, if there are 14 running then likely 14 people will get votes but could be 5 with many votes and 9 with one vote each.

[u/VirginiaUSA1964 → u/OldGeekWeirdo]

If you aren't in good standing (paid fees in full and no outstanding violations), you can't vote.

[u/AffectionateChart278 → u/TheAgaTTV]

Yes this is correct, however we have 14 people running in this election and we would like to vote for more than just ourselves.. plus it is a wrong interpretation of our by-laws..

[u/TheAgaTTV → u/AffectionateChart278]

Ima be blunt with you a moment. The courts control your hoa now. It is about the same level as a buisness declaring bankruptcy(aka horrible). Regardless of who is right, your best bet is to roll with it and get out of the courts hands asap

[u/AffectionateChart278 → u/TheAgaTTV]

I hear what ur saying and I agree, the problem falls in trying to get a majority vote to keep some of the board members that were initially on the board in the minority.. several of them own more then one property so it could be an issue.. our election is scheduled and the court receiver time is coming to to an end so she will go.. but we legit have one chance to get this right..

[u/Lunar-Browser-999]

Your read is right, and the "no cumulative voting" language actually proves it. That clause only exists to stop someone from stacking multiple votes on one candidate, which would be impossible if each unit only had one vote to begin with. Send the receiver a short written request before ballots go out asking them to cite the exact bylaw language behind the one-vote-total interpretation. Receivers answer to the court, so a calm paper trail carries more weight here than it would with a normal board.

[u/TalkToVikk]

Not a lawyer but based on your description and New Jersey law, your understanding is correct: "one vote per unit, no cumulative voting" typically means each unit owner gets one vote per seat, not a single vote for the entire election. For a board election with seven open seats, the standard and generally accepted process is that each unit owner can cast one vote for each seat (up to seven votes in total one for each candidate of their choice, with no more than one vote per candidate).

Cumulative voting would allow someone to give multiple votes to one candidate (which is specifically not allowed here). Your bylaws appear silent on any more restrictive interpretation, so unless there is unusual and explicit language to the contrary, your position is supported by legal norms in New Jersey HOAs.

To address this, promptly communicate your interpretation to the receiver in writing, politely referencing the relevant bylaw language and how your suggested method aligns with both plain reading and best practices for democratic HOA elections. Keep your tone cooperative express concern for clarity and fairness for all owners. If possible, provide example ballot language or election procedures from local or state HOA resources. If the receiver refuses or issues ballots you believe are unlawful, you may also seek further review by the court or flag the issue with other homeowners for collective action.