New Jersey HOA & Condo Laws

Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

N.J.S.A. 46:8B-1

New Jersey Condominium Act — Short Title and Scope →

Establishes the regulatory framework for condominiums in New Jersey. Governs creation, governance, common element management, unit owner rights, and assessment authority for all condominiums in …

N.J.S.A. 46:8B-12

New Jersey Condominium Act — Resale Certificate →

Requires the association to furnish a resale certificate within 10 business days of request by a unit owner. Certificate must include the amount of unpaid …

N.J.S.A. 46:8B-14

New Jersey Condominium Act — Association Powers and Duties →

Defines powers and duties of the condominium association, including authority to adopt and enforce rules, manage and maintain common elements, levy assessments for common expenses, …

N.J.S.A. 46:8B-15

New Jersey Condominium Act — Budget and Assessments →

Requires the association to establish an annual budget and determine common expense assessments. Budget must be distributed to unit owners. Provides framework for assessment calculation …

N.J.S.A. 46:8B-21

New Jersey Condominium Act — Lien for Common Expenses →

Establishes assessment lien for condominium common expenses. The lien has priority over all liens except tax and governmental liens and first mortgages recorded before the …

Reserve Requirements Compare across states →

Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.

N.J.S.A. 45:22A-44.2

PREDFDA — Capital Reserve Study Requirements →

Added by P.L.2023, c.214 (signed January 8, 2024). Requires associations of planned real estate developments to obtain a capital reserve study and to update it …

N.J.S.A. 46:8B-15

New Jersey Condominium Act — Budget and Assessments →

Requires the association to establish an annual budget and determine common expense assessments. Budget must be distributed to unit owners. Provides framework for assessment calculation …

Structural Integrity Compare across states →

Statewide structural-inspection mandates for condominium and cooperative buildings — milestone inspections, load-bearing-system inspections, inspector qualifications, reporting and disclosure obligations, and the reserve-funding duties that follow findings.

N.J.S.A. 52:27D-132.4

Residential Structural Integrity Law — Structural Inspections of Covered Buildings →

Enacted as P.L.2023, c.214 (S2760, signed January 8, 2024) after the Surfside collapse. Requires structural inspections of the primary load-bearing system of covered buildings — …

Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

N.J.S.A. 46:8B-13

New Jersey Condominium Act — Meetings of Unit Owners →

Annual meetings of unit owners must be held in accordance with the bylaws. Establishes quorum requirements and voting procedures for condominium associations. Board must hold …

Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

N.J.S.A. 46:8B-13

New Jersey Condominium Act — Meetings of Unit Owners →

Annual meetings of unit owners must be held in accordance with the bylaws. Establishes quorum requirements and voting procedures for condominium associations. Board must hold …

Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

N.J.S.A. 45:22A-21

Planned Real Estate Development Full Disclosure Act — Definitions →

Defines terms for New Jersey's planned real estate development regulatory framework. Establishes registration requirements and disclosure obligations for developers of planned communities, HOAs, and cooperatives. …

N.J.S.A. 46:8B-14

New Jersey Condominium Act — Association Powers and Duties →

Defines powers and duties of the condominium association, including authority to adopt and enforce rules, manage and maintain common elements, levy assessments for common expenses, …

Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

N.J.S.A. 46:8B-12

New Jersey Condominium Act — Resale Certificate →

Requires the association to furnish a resale certificate within 10 business days of request by a unit owner. Certificate must include the amount of unpaid …

Insurance Requirements Compare across states →

Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.

N.J.S.A. 46:8B-12

New Jersey Condominium Act — Resale Certificate →

Requires the association to furnish a resale certificate within 10 business days of request by a unit owner. Certificate must include the amount of unpaid …

N.J.S.A. 46:8B-22

New Jersey Condominium Act — Insurance →

Establishes insurance requirements for condominium associations, including property insurance for common elements and liability coverage. Board is responsible for obtaining and maintaining adequate insurance.

Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

N.J.S.A. 46:8B-14

New Jersey Condominium Act — Association Powers and Duties →

Defines powers and duties of the condominium association, including authority to adopt and enforce rules, manage and maintain common elements, levy assessments for common expenses, …

Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

N.J.S.A. 45:22A-21

Planned Real Estate Development Full Disclosure Act — Definitions →

Defines terms for New Jersey's planned real estate development regulatory framework. Establishes registration requirements and disclosure obligations for developers of planned communities, HOAs, and cooperatives. …

N.J.S.A. 46:8B-1

New Jersey Condominium Act — Short Title and Scope →

Establishes the regulatory framework for condominiums in New Jersey. Governs creation, governance, common element management, unit owner rights, and assessment authority for all condominiums in …

Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

N.J.S.A. 46:8B-21

New Jersey Condominium Act — Lien for Common Expenses →

Establishes assessment lien for condominium common expenses. The lien has priority over all liens except tax and governmental liens and first mortgages recorded before the …

Architectural Review Compare across states →

Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …

N.J.S.A. 45:22A-46.8

CIC Governance — Solar Panels and Energy →

Prohibits community associations from unreasonably restricting the installation of solar panels on unit owner property. Associations may adopt reasonable rules regarding placement but cannot effectively …

Solar & Sustainability Rights Compare across states →

Owner rights to install solar panels, EV charging stations, heat pumps, and other sustainability improvements. State solar access laws, EV-ready building codes, and limitations on association authority to restrict green …

N.J.S.A. 45:22A-46.8

CIC Governance — Solar Panels and Energy →

Prohibits community associations from unreasonably restricting the installation of solar panels on unit owner property. Associations may adopt reasonable rules regarding placement but cannot effectively …

Legislative History
Jan 2024
S2760 → — Structural integrity regulation for certain residential structures (Residential Structural Integrity Law)

Post-Surfside structural-integrity mandate for New Jersey. Requires periodic inspections of the primary load-bearing system of covered residential condominium and cooperative buildings by a licensed structural …

Legal Facts by Category
Provides framework for assessment calculation and collection. N.J.S.A. 46:8B-15
Requires the association to establish an annual budget and determine common expense assessments. N.J.S.A. 46:8B-15
Budget must be distributed to unit owners. N.J.S.A. 46:8B-15
New Jersey is a judicial foreclosure state for all real property liens N.J.S.A. 46:8B-21
Establishes assessment lien for condominium common expenses. N.J.S.A. 46:8B-21
Associations may adopt reasonable rules regarding placement but cannot effectively prohibit solar energy systems on individually owned rooftops or exclusive-use common elements. N.J.S.A. 45:22A-46.8
Prohibits community associations from unreasonably restricting the installation of solar panels on unit owner property. N.J.S.A. 45:22A-46.8
Condo and co-op buildings with structural load-bearing systems must get their first engineer inspection by the time the building turns 15, or within 60 days of visible damage. N.J.S.A. 52:27D-132.4
Establishes registration requirements and disclosure obligations for developers of planned communities, HOAs, and cooperatives. N.J.S.A. 45:22A-21
Within ten business days after receipt of the request N.J.S.A. 46:8B-12
Requires the association to furnish a resale certificate within 10 business days of request by a unit owner. N.J.S.A. 46:8B-12
The lien has priority over all liens except tax and governmental liens and first mortgages recorded before the assessment became delinquent. N.J.S.A. 46:8B-21
New Jersey requires judicial foreclosure for all real property liens. N.J.S.A. 46:8B-21
New Jersey HOAs, condos, and co-ops must get a reserve study, refresh it at least every five years, and fund reserves against a 30-year plan. N.J.S.A. 45:22A-44.2
Certificate must include the amount of unpaid assessments, any capital expenditures approved by the association, pending special assessments, insurance coverage, and any other material facts the unit owner would need for resale. N.J.S.A. 46:8B-12
This is the closest NJ has to a general CIC act for non-condominium communities. N.J.S.A. 45:22A-21
Defines terms for New Jersey's planned real estate development regulatory framework. N.J.S.A. 45:22A-21
Governs creation, governance, common element management, unit owner rights, and assessment authority for all condominiums in the state. N.J.S.A. 46:8B-1
Establishes the regulatory framework for condominiums in New Jersey. N.J.S.A. 46:8B-1
Establishes quorum requirements and voting procedures for condominium associations. N.J.S.A. 46:8B-13
Board must hold at least one annual meeting. N.J.S.A. 46:8B-13
Annual meetings of unit owners must be held in accordance with the bylaws. N.J.S.A. 46:8B-13
Defines powers and duties of the condominium association, including authority to adopt and enforce rules, manage and maintain common elements, levy assessments for common expenses, and enforce the master deed and bylaws. N.J.S.A. 46:8B-14
Board is responsible for obtaining and maintaining adequate insurance. N.J.S.A. 46:8B-22
Establishes insurance requirements for condominium associations, including property insurance for common elements and liability coverage. N.J.S.A. 46:8B-22
This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
Login