Is Online HOA Voting Legal in New Jersey?

Yes. New Jersey’s election rules for community associations live inside the Radburn Act, the 2017 election-reform law (N.J.S.A. 45:22A-45.2) that rewrote how executive board elections have to run statewide. Electronic voting is explicitly allowed, but it takes two separate decisions – the board’s and each owner’s – before a vote counts as electronic.

What New Jersey Law Requires

The statute says an association “shall not prevent” voting for the board by electronic means where the executive board decides to allow it and the individual owner consents to casting a vote that way – so both the board’s authorization and the owner’s opt-in have to be in place, not just one or the other. Election notice can go out electronically too, but only if the owner has agreed in writing to electronic notice, or the governing documents allow it and an absentee or proxy option is still available alongside it. Most of the Radburn Act’s more detailed procedural requirements – nomination windows, ballot format, notice timing – apply specifically to associations of 50 units or more; smaller associations follow a lighter baseline standard. New Jersey’s election regulations (N.J.A.C. 5:26-8.9(h)) add requirements for how ballots are cast: all ballots have to be cast in an anonymous manner, and if the bylaws permit and the association member consents, a ballot may be cast electronically as long as it’s administered by a neutral third party and anonymity is maintained. Electronic voting under that rule doesn’t require public tallying, since results are immediately available, but the results of the electronic election have to be made available for public review and open to inspection by any member of the association for 90 days from the date of the election.

Does Vote HOA Now’s Platform Conform?

Yes. The platform runs electronic ballots as anonymous votes administered by a third party – the setup New Jersey’s election regulations call for – with results available immediately, and it’s built to capture each owner’s individual consent to vote electronically.

Have We Run Elections in New Jersey?

Vote HOA Now serves HOA and condo associations across New Jersey. Our team includes former community managers, and we’ve worked directly with attorneys on exactly this kind of state-specific compliance question.

Frequently Asked Questions

Is online HOA voting legal in New Jersey?

Yes, under the Radburn Act (N.J.S.A. 45:22A-45.2), provided the executive board has decided to allow electronic voting and the individual owner has consented to casting a vote that way.

Does the Radburn Act apply the same way to every association?

No - most of its detailed procedural requirements (nomination windows, ballot format, notice timing) apply specifically to associations of 50 units or more. Associations below that size follow a lighter baseline standard under the same law.

Can election notice be sent electronically too?

Only if the owner has agreed in writing to electronic notice, or the governing documents allow it and an absentee or proxy voting option is still made available alongside it.

Has Vote HOA Now run elections in New Jersey?

Yes - we serve HOA and condo associations across New Jersey.

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