Radburn Association Governance and Legal Evolution
The governance of the Radburn Association is managed by a volunteer Board of Trustees, elected by the residents to oversee the community. The board consists of nine seats, which are filled through a nomination and election process conducted on a rotating schedule. Currently, any homeowner in good standing is eligible to self-nominate or be nominated by another homeowner in good standing. However, the path to this democratic structure involved years of legal challenges and legislative changes.
Key Facts
- The Board of Trustees consists of nine volunteer seats elected on a rotating basis.
- Homeowners in good standing can currently self-nominate for board positions.
- A major lawsuit regarding governance was filed in 2006 and concluded in 2010.
- Senate bill S2492, signed in July 2017, mandated membership and self-nomination rights for New Jersey common interest communities.
- The New Jersey Superior Court previously mandated full financial disclosure and open trustee meetings for the Association.
The Legal Battle for Democracy
In November 2006, a group of Radburn residents initiated a lawsuit against the Radburn Association, alleging that the existing governance system violated the New Jersey State Constitution and state law. The plaintiffs were supported by the Community Law Clinic of The Rutgers School of Law–Newark and the New Jersey Appleseed Public Interest Law Center.
On April 1, 2008, the New Jersey Superior Court issued summary judgments. While Judge Contillo ruled that the Association's membership and governance were legal, the court ordered the Association to implement two critical changes: providing full financial disclosure to residents and amending bylaws to ensure open trustee meetings occurred at least four times per year.
The legal struggle continued into the appeals process. Frank Askin, a constitutional expert from the Rutgers University School of Law at Newark, joined the pro bono legal team. The goal was to use the PREDFDA statute (Planned Real Estate Development Finance and Disclosure Act) to affirm that free elections are guaranteed in planned community governments.
The litigation, known as Moore v. Radburn, officially ended on June 17, 2010, when the New Jersey Supreme Court denied the petition for certification filed by the 16 litigants.
Legislative Changes and Modern Bylaws
Significant shifts in governance occurred in July 2017 when Governor Chris Christie signed Senate bill S2492 into law. This legislation, which passed unanimously in both the Senate and Assembly, guarantees membership to all homeowners within New Jersey common interest communities and explicitly requires that self-nomination be permitted in executive board elections.
Following this, the Radburn Association voted to revise its bylaws in May 2017. However, these revisions were later rescinded due to irregularities in their adoption, as some parts were found to be inconsistent with the new law and other existing statutes.
| Year | Event | Outcome/Impact |
|---|---|---|
| 2006 | Governance Lawsuit Filed | Residents challenged legality of governance system. |
| 2008 | Superior Court Ruling | Mandated financial disclosure and open meetings. |
| 2010 | Supreme Court Decision | Petition denied; Moore v. Radburn litigation ended. |
| 2017 | Senate bill S2492 | Guaranteed membership and self-nomination rights. |
Frequently Asked Questions
How is the Radburn Board of Trustees selected?
The board consists of nine seats filled via nomination and election on a rotating schedule. Homeowners in good standing may self-nominate or be nominated by peers.
What did the 2008 Superior Court ruling require?
The court ordered the Radburn Association to provide full financial disclosure to its residents and to hold open trustee meetings four times a year.
What is the significance of Senate bill S2492?
Signed in July 2017, this law ensures that all homeowners in New Jersey common interest communities have membership rights and the ability to self-nominate for executive board elections.
What happened to the May 2017 by-law revisions?
The revisions were rescinded because they were adopted irregularly and contained elements inconsistent with state statutes and the new 2017 law.
Who represented the residents in the governance lawsuit?
The residents were represented by the New Jersey Appleseed Public Interest Law Center and The Community Law Clinic of The Rutgers School of Law–Newark, with later support from constitutional expert Frank Askin.