New Jersey HOA laws & resources.

Laws impacting New Jersey associations.

New Jersey's condominium, cooperative, and homeowners' associations are governed by a focused set of state statutes, alongside the federal laws that apply nationwide. HOPB hosts the full text of every one of these New Jersey statutes, each with a plain-language guide.

Two areas are worth noting because New Jersey has no dedicated statute of its own for them:

• Homeowners' association law — New Jersey does not have a specific statute governing homeowners' associations. However, if an association is organized as a non-profit — as is the case with most New Jersey associations — it will be governed by the New Jersey Nonprofit Corporation Act, specifically with regard to corporate structure and procedure. Homeowners' associations must also comply with New Jersey's Planned Real Estate Development Full Disclosure Act.

  Importantly, homeowners' associations are bound by their governing documents (bylaws, declaration, articles of incorporation). The association's bylaws generally dictate, among other things, the duties and responsibilities of its board, meetings, voting procedures, elections, and management of the association. The association's declaration will generally set property restrictions, obligations of the association and its members, and property rights. The articles of incorporation typically outline and define the association's corporate status, powers, and limits.

• HOA debt-collection law — New Jersey does not regulate debt-collection practices at the state level. However, debt collectors (associations attempting to collect past-due assessments do not qualify as debt collectors) must comply with the federal Fair Debt Collection Practices Act (FDCPA). The law prohibits third-party debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Victims can file a complaint against a debt collector who is violating the law with the New Jersey Division of Consumer Affairs or the Consumer Financial Protection Bureau (CFPB). Victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation, under the FDCPA.
  Recommended reading
  • Loigman v. Kings Landing Condominium Ass'n, 734 A.2d 367 (N.J. Super. Ch. Div. 1999).
  • Debt Collection Handbook, published by New Jersey's Division of Consumer Affairs.

Find HOA contact information & documents.

• Visit HOPB's HOA Directory and select New Jersey to reach the state's business name search, where the public can enter the name of the community or subdivision to find an association's contact information, list of board members, and corporate documents such as the articles of incorporation.
• HOA documents — the association's Declaration of Covenants, Conditions & Restrictions (CC&Rs), amendments to the CC&Rs, bylaws, lien notices, HOA notices, plats, maps, and other community documents can be found by visiting the county recorder's office website in the county where the association is located. The association's CC&Rs must be recorded with the county land records to be enforceable.
• The State of New Jersey Transparency Center — find property information (map).