General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
Last reviewed
The short version
- Condominiums are governed by the Condominium Act, and planned communities, including many homeowner associations, by the Planned Real Estate Development Full Disclosure Act.
- Owners may generally inspect and copy association records, subject to limits for privileged or private information.
- Board meetings are generally open to owners with advance notice, with closed sessions allowed for listed topics such as litigation and personnel.
- Unpaid assessments become a lien on the unit, and a limited portion of the lien can take priority over an earlier first mortgage.
New Jersey condominiums follow the Condominium Act, and planned communities and homeowner associations are also covered by the Planned Real Estate Development Full Disclosure Act, which was amended in 2017 to set rules for elections, records and governance.
New Jersey hoa laws at a glance
| Rule | New Jersey | Law |
|---|---|---|
| Governing law | Condominiums are governed by the Condominium Act, and planned communities, including many homeowner associations, by the Planned Real Estate Development Full Disclosure Act. | Condominium Act (N.J.S.A. 46:8B) and Planned Real Estate Development Full Disclosure Act (N.J.S.A. 45:22A-21 et seq.) |
| Owner access to records | Owners may generally inspect and copy association records, subject to limits for privileged or private information. | Planned Real Estate Development Full Disclosure Act |
| Board meeting notice | Board meetings are generally open to owners with advance notice, with closed sessions allowed for listed topics such as litigation and personnel. | Condominium Act and Planned Real Estate Development Full Disclosure Act |
| Assessments and liens | Unpaid assessments become a lien on the unit, and a limited portion of the lien can take priority over an earlier first mortgage. | Condominium Act |
The governing law
Association rules come in layers: state law first, then the declaration, the bylaws and finally board rules. A rule that conflicts with a higher layer usually fails.
Governing law. Condominiums are governed by the Condominium Act, and planned communities, including many homeowner associations, by the Planned Real Estate Development Full Disclosure Act. (Condominium Act (N.J.S.A. 46:8B) and Planned Real Estate Development Full Disclosure Act (N.J.S.A. 45:22A-21 et seq.))
Records
Owner access to records. Owners may generally inspect and copy association records, subject to limits for privileged or private information. (Planned Real Estate Development Full Disclosure Act)
Board meetings
Board meeting notice. Board meetings are generally open to owners with advance notice, with closed sessions allowed for listed topics such as litigation and personnel. (Condominium Act and Planned Real Estate Development Full Disclosure Act)
Assessments, liens and collections
Assessments and liens. Unpaid assessments become a lien on the unit, and a limited portion of the lien can take priority over an earlier first mortgage. (Condominium Act)
Rental restrictions
We could not confirm a statewide rule here. Check your county court or a local attorney.
Mistakes to avoid
- Holding board decisions without the notice owners are entitled to.
- Not keeping records ready for owner requests.
- Fining owners without the notice and hearing steps in the governing documents.
- Enforcing rental rules that are not in the recorded documents.
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General information, not legal advice.
Verify current law
We last checked these New Jersey rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a New Jersey attorney about your situation.
Laws named on this page
- Condominium Act (N.J.S.A. 46:8B) and Planned Real Estate Development Full Disclosure Act (N.J.S.A. 45:22A-21 et seq.)
- Planned Real Estate Development Full Disclosure Act
- Condominium Act and Planned Real Estate Development Full Disclosure Act
- Condominium Act
Official sources
New Jersey forms for this topic
The parts people misread.
Which law governs HOAs in New Jersey?
Condominiums are governed by the Condominium Act, and planned communities, including many homeowner associations, by the Planned Real Estate Development Full Disclosure Act. Source: Condominium Act (N.J.S.A. 46:8B) and Planned Real Estate Development Full Disclosure Act (N.J.S.A. 45:22A-21 et seq.).
Can New Jersey homeowners see association records?
Owners may generally inspect and copy association records, subject to limits for privileged or private information. Source: Planned Real Estate Development Full Disclosure Act.