In New Jersey, homeowners associations are not governed by a specific statute, but there are still some laws that affect them. Learn about the different New Jersey HOA laws below.
The New Jersey Condominium Act governs condominium associations established after January 7, 1970. It regulates the creation and powers of condominiums as well as provides a legal structure for voting rights, common expenses, purchase protection, and apportionment of interest, among other things.
You can find the New Jersey Condominium Act under Title 46, Chapter 46:8B of the New Jersey Revised Statutes. It consists of the following sections:
For Horizontal Property Regimes
The New Jersey Horizontal Property Act governs horizontal property regimes explicitly established under this Act. You can find it under Chapter 46:8A-1 of the New Jersey Revised Statutes. It contains the following sections:
The Cooperative Recording Act of New Jersey applies to cooperatives in the state. It regulates the creation, voting, management, and ownership rights of such properties. You can find the Cooperative Recording Act of New Jersey under Chapter 46:8D of the New Jersey Revised Statutes. It consists of the following sections:
New Jersey Planned Real Estate Development Full Disclosure Act
This Act contains provisions applying to some parts of common interest communities. It was amended on July 13, 2017. The amendments included regulations establishing that all unit owners are association members, providing basic voting rights, and instructing how to amend bylaws.
You can find the New Jersey Planned Real Estate Development Full Disclosure Act under Chapter 45:22A-21 of the New Jersey Revised Statutes. It contains the following sections:
- Short title
- Public policy
- Administration of act
- Registration of development; delivery to purchaser of current public offering statement; right to cancel contract after execution; notice
- Application for registration of development
- Public offering statements, requisites
- Investigation of application
- Registration; notice of filing of application; acceptance or rejection
- Annual report by developer
- Powers of agency
- Cease and desist orders; grounds
- Revocation of registration; grounds; notice and hearing; findings of fact; in lieu cease and desist order
- Rules and regulations; injunctions or temporary restraining orders; intervention in suits by agency
- Submission to jurisdiction by application; service of process; conduct prohibited by act; authorization of agency to receive service
- Untruth, omission or misleading statement by developer; liability; persons liable; invalidity of agreement by purchaser to waive compliance with act
- Violations; fine; levy and collection
- Application of act to lands situated in this state
- Retirement subdivision or community; application of this act
- Inapplicability of act.
- Organization of association.
- Powers, functions of association
- Lien on each unit until for certain unpaid assessments.
- Election of executive board; powers.
- Findings, declarations relative to governance of common interest community associations.
- Executive board elections.
- Bylaws; requirements; amendments.
- Findings, declarations relative to age-restricted communities.
- Resale, transfer of dwelling unit, certification of compliance with rules of age-restricted community.
- Findings, declarations relative to affordable housing.
- Definitions relative to affordable housing.
- Conditions for change to a converted development.
- Application to change to a converted development.
- Conformance of unit in converted development to C.52:27D-119 et seq.
- Revision of layout, site plan permitted.
- Completed application, decision.
- Filing of revised preliminary subdivision or site plan with municipal engineer.
- Submission of application to approving board.
- Development approvals deemed vested.
- Issuance of resolution memorializing decision; appeal.
- Preference for occupancy by municipality permitted.
- Waiver of affirmative marketing requirements under certain circumstances.
- Determination of credits granted against fair share obligation.
- Surrender of control to owners.
- Preparation, distribution of explanatory materials and guidelines
- Homeowners’ association prohibited from limiting, prohibiting display of U.S. flag, yellow ribbons, signs in support of troops
- Solar collectors on certain roofs, homeowners association authority limited.
- Posting on Internet of information relative to disability accommodation rights for residents of certain communities.
- Discharge of duties of association, corporation
- Compliance with lawful requirements; violations, penalties
- Adoption of minimum health and safety standards; inspection program
- Noncompliance; penalties
- Application for hearing
- Enforcement of standards
- Agreements with school district
New Jersey HOA Laws on Corporate Governance
The New Jersey Nonprofit Corporation Act regulates the corporate structure and procedure of all non-profit corporations in the state. In New Jersey, a majority of condominium and homeowners associations are formed as non-profit corporations. Therefore, they are subject to the Nonprofit Corporation Act. Homeowners associations must also follow the Planned Real Estate Development Full Disclosure Act.
Since there is no specific Act governing HOAs, these associations should follow the Nonprofit Corporation Act and the Planned Real Estate Development Full Disclosure Act. These HOAs must also have governing documents outlining the powers, limitations, and procedures of the association.
You can find the New Jersey Nonprofit Corporation Act under Title 15:A of the New Jersey Revised Statutes. It consists of the following chapters:
- Chapter 15A:1 – Sections 1-1 through 1-10
- Chapter 15A:2 – Purposes – Sections 2-1 through 2-12
- Chapter 15A:3 – General powers – Sections 3-1 through 3-5
- Chapter 15A:3A – Sections 3A-1 through 3A-5
- Chapter 15A:4 – Registered office and registered agent – Sections 4-1 through 4-5
- Chapter 15A:5 – Place of members’ meetings – Sections 5-1 through 5-25
- Chapter 15A:6 – Board of trustees – Sections 6-1 through 6-17
- Chapter 15A:7 – Certificates or other written evidence of membership – Sections 7-1 through 7-2
- Chapter 15A:8 – Employee benefit plans – Sections 8-1 through 8-5
- Chapter 15A:9 – Amendment of certificate of incorporation – Sections 9-1 through 9-6
- Chapter 15A:10 – Procedure for merger – Sections 10-1 through 10-11
- Chapter 15A:11 – Limitations on rights of dissenting members – Section 11-1
- Chapter 15A:12 – Methods of dissolution – Sections 12-1 through 12-23
- Chapter 15A:13 – Holding and conveying real estate – Sections 13-1 through 13-13
- Chapter 15A:14 – Sections 14-1 through 14-26
- Chapter 15A:15 – Filing fees of the State Treasurer – Sections 15-1 through 15-2
- Chapter 15A:16 – Acts saved from repeal – Sections 16-1 through 16-2
The New Jersey Law Against Discrimination protects citizens from discrimination based on age, familial status, marital status, race, color, ancestry, national origin, nationality, creed, sex, gender identity or expression, affectional or sexual orientation, or disability. It also offers protection based on liability for service in the Armed Forces of the United States as well as the source of lawful income used for rental or mortgage payments. The HOA laws of New Jersey concerning discrimination are similar to the federal Fair Housing Act and the Americans with Disabilities Act.