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Jackson Council rescinds trustee appointments for Harmony Farms; residents urge elected HOA board

May 29, 2024 | Jackson, Ocean County, New Jersey


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Jackson Council rescinds trustee appointments for Harmony Farms; residents urge elected HOA board
Jackson Township Council voted in May 2024 to rescind a recently adopted resolution that had appointed five trustees to govern the Harmony Farms homeowners association, prompting a lengthy public-comment period in which residents, the association’s counsel and township attorneys urged turning governance over to homeowners through bylaw amendments and an elected board.

Council President Kyung and the township’s counsel read the rescission on the record and said the earlier appointment appeared improvident. The resolution rescinds Resolution 190-624 retroactive to May 14, 2024, and advises Harmony Farms residents to amend their bylaws and establish election procedures for trustees "within 90 days" if necessary, the council said. "We don't want to be part of that process," the council’s attorney said, adding the township may seek a declaratory-judgment action if the association does not resolve the issue.

Attorney Michael S. Karpoff, representing the trustee and UBE Inc., thanked the council for rescinding the appointment but urged broader outreach to all 178 homeowners rather than relying on contact from a small subset. "Somehow, you need to consult with the homeowners, not a minority of five," Karpoff said, asking the council to ensure any change reflects homeowner will.

Residents voiced sharply different views. Kevin Liebkeman, a homeowner and longtime association member, said a recent election showed 83% of voters favored retaining the existing manager (UBE) and that homeowners had already exercised their vote. "The overwhelming sentiment of the homeowners association is to keep Sal and UBE," Liebkeman said, urging the council to respect the member vote.

Other residents accused the council of overreach. Diane Flynn told the council she was "appalled" at the appointment of trustees two weeks earlier and pressed why UBE had been replaced, why homeowners were not notified and why five men who had previously pursued control of the HOA in court were now installed. "You took our voices away," Flynn said, demanding transparency about the decision and where HOA funds were spent.

Township counsel and President Kyung told residents the township has authority under the founding documents to intervene but prefers the association itself adopt amended bylaws, hold an election and select its own trustees. "We have no desire to be involved in selecting trustees or being involved in the management of the HOA," counsel said. "If your elected people want UBE to remain, then they remain. That's what it should be."

Residents asked for access to financial records and asked whether dues and insurance payments were properly documented. A resident cited dues of $343.07 per home and estimated total annual receipts near $61,000; counsel said the ability to demand specific check stubs or bookkeeping may be limited by the trustee form of governance and encouraged homeowners to move to a corporate governance structure with an elected board if they want greater transparency and checks on management.

Council members and staff encouraged residents to pursue a formal amendment to the HOA declaration and bylaws to create a corporation with an elected board of trustees. Several residents said they already have petition signatures and called for self-governance.

The rescission does not itself install any new board; it restores the status quo and gives the association and its homeowners the pathway the council described. Council members said they reserve legal options if the association does not act, but the council expressed a clear preference for homeowners to resolve the governance change internally.

The public comment exchange stretched across the meeting and included statements from multiple homeowners, the association’s counsel and township officials. The council did not announce any immediate further action other than advising the association to amend its bylaws and establish election procedures, and the council said it would forward the rescission notice to the parties named in the prior resolution.

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