New Jersey · Law guide
New Jersey HOA law guide.
Every New Jersey statute that governs condominium, cooperative, and homeowners' associations — each one hosted in full on HOPB, with the official text and a plain-language guide. This is the complete index.
Community formation & governance
How communities are created and run.
The core acts that bring a common-interest community into existence and set the rules for administering it.
46:8B
New Jersey Condominium ActN.J.S.A. 46:8B-1 et seq. — the comprehensive framework for condominium associations formed after January 7, 1970: formation, common elements, assessments, voting, and association powers.
46:8A
New Jersey Horizontal Property ActN.J.S.A. 46:8A-1 et seq. — the earlier horizontal-property regime for co-ownership of real property, applicable to communities expressly created under it.
46:8D
Cooperative Recording Act of New JerseyN.J.S.A. 46:8D-1 et seq. — recognizes and structures cooperative housing ownership: formation, management, voting, and members' rights.
45:22A-21
Planned Real Estate Development Full Disclosure Act (PREDFDA)N.J.S.A. 45:22A-21 et seq. — registration, disclosure, and governance for planned developments and common-interest communities, including the 2017 board-election ("Radburn") reforms and solar-collector protections.
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Corporate framework
How associations are organized as entities.
Most New Jersey associations are corporations. These statutes supply their structure and procedure.
15A
New Jersey Nonprofit Corporation ActN.J.S.A. 15A:1-1 et seq. — the corporate structure and procedure that governs most New Jersey associations, which are organized as non-profits.
14A
New Jersey Business Corporation ActN.J.S.A. 14A:1-1 et seq. — the general corporation statute that supplies default corporate rules and is referenced by the Cooperative Recording Act.
Fair housing & homeowner protections
Rights and protections for residents.
Topic-specific statutes that protect homeowners and residents in and around common-interest communities.
10:5
New Jersey Law Against DiscriminationN.J.S.A. 10:5-1 et seq. — New Jersey's broad anti-discrimination statute, the state-law counterpart to the federal Fair Housing Act and ADA in housing.
40:67
Municipal Services ActN.J.S.A. 40:67-23.2 et seq. — requires municipalities to provide or reimburse "qualified private communities" for snow removal, street lighting, and trash and recycling collection on their private roads.
2A:18
Senior Citizens & Disabled Protected Tenancy ActN.J.S.A. 2A:18-61.22 et seq. — protects eligible senior and disabled tenants with up to 40 years of protected tenancy when a rental building converts to a condominium or cooperative.
45:22A-1
Retirement Community Full Disclosure ActN.J.S.A. 45:22A-1 et seq. — requires developers of retirement and age-restricted communities to register with the State and give buyers a full-disclosure public offering statement before sale.
46:3B
New Home Warranty & Builders' Registration ActN.J.S.A. 46:3B-1 et seq. — builder registration plus a statutory warranty against construction defects on new homes, backed by a state security fund.
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Key cases & regulations
For a deeper dive.
Landmark New Jersey decisions and the regulations that shape how these statutes are applied to community associations.
Cases
- Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'n, 192 N.J. 344 (2007) — the New Jersey Supreme Court held that a homeowners' association is not a state actor, but that its sign rules must be reasonable; the association's one-sign-per-lawn restriction was upheld as a reasonable time, place, and manner limit on expression.
- Mazdabrook Commons Homeowners' Ass'n v. Khan, 210 N.J. 482 (2012) — the New Jersey Supreme Court held that an association's blanket ban on posting political signs inside a resident's own home violated the free-speech clause of the State Constitution.
- Moore v. The Radburn Association, Inc., BER-C-394-06 (N.J. Super. Ch. Div. 2008); 997 A.2d 231 (2010) — a governance and election dispute that helped drive the 2017 "Radburn" amendments to PREDFDA.
- Berner v. Enclave Condo. Ass'n, 730 A.2d 877 (N.J. App. Div. 1999) — applied New Jersey's Law Against Discrimination in the condominium-association context.
Regulations & guidance
- N.J.A.C. 5:26 — the New Jersey Administrative Code rules that implement PREDFDA.
- Disability Accommodation Rights — Department of Community Affairs guidance for owners and occupants of condos, cooperatives, and other common-interest communities governed by a homeowners' association.
General information, not legal advice. Each statute is reproduced from the official New Jersey source and may not reflect the most recent amendments. Always confirm the current text against the official source.