HOA Laws in New Jersey

Community associations in New Jersey are governed by the Planned Real Estate Development Full Disclosure Act, known as PREDFDA (N.J.S.A. 45:22A-21 and following). PREDFDA governs the development, operation, and governance of homeowners associations, condominiums, and cooperatives. Condominiums are also governed by the Condominium Act. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

PREDFDA sets baseline rules for New Jersey associations, alongside your recorded documents. Most New Jersey HOAs are also incorporated as nonprofit corporations, so Title 15A governs corporate matters such as member and board meetings, director duties, quorum, and voting. Condominium communities should also look to the Condominium Act.

Elections and the Radburn reforms

In 2017, New Jersey amended PREDFDA through what is commonly called the Radburn law, which reformed elections and voting in every community association to make them fairer and more open. The changes affect candidate rights, ballot and proxy procedures, and how boards are elected, so boards should confirm their process matches the current rules.

Meetings and open-meeting rules

Board meetings must generally be open to members with notice, with limited matters allowed in closed session. Notice and procedures follow the statute and your bylaws.

Records access and owner inspection

Owners have the right to inspect and copy association records, subject to reasonable rules and limited exceptions for protected information.

Assessments, liens, and foreclosure

Associations may levy assessments and enforce a lien for unpaid amounts, and condominium associations have a limited lien priority under the Condominium Act. Foreclosure follows statutory procedure, so boards typically involve an attorney.

Fines and enforcement

Associations may adopt and enforce rules and impose reasonable charges for violations, subject to notice and an opportunity to be heard as provided by the statute and the documents.

Reserves and budgets

New Jersey associations must maintain reserves for capital repairs and replacements as provided by the applicable rules and their documents, and recent structural-integrity attention in the region has increased the focus on reserve adequacy. Confirm the specific requirement for your community type.

Owner protections on common restrictions

New Jersey limits certain HOA restrictions, including on solar collectors and the display of the United States flag, subject to reasonable conditions. Review the specific statute before denying a related request.

Where to get official help

PREDFDA and the Condominium Act are available from the New Jersey Legislature, and the Department of Community Affairs administers association rules. For a specific situation, consult a New Jersey attorney experienced in community association law.