New Jersey's community association law is governed by the Planned Real Estate Development Full Disclosure Act (PREDFDA), N.J.S.A. 45:22A-21 et seq. The New Jersey Condominium Act (N.J.S.A. 46:8B-1) applies to condominiums. The 2017 "Radburn Law" (N.J.S.A. 45:22A-45.1 et seq.) added sweeping reforms to board elections and governance that affect all New Jersey HOAs and condo associations.
The Radburn Law: Board Election Revolution
The Radburn Law, named after a historic planned community in Fair Lawn, NJ, overhauled how New Jersey community associations conduct elections. Key requirements: all board elections must be conducted by secret ballot; owners must have at least 20 days to return ballots; the association must allow any owner in good standing (current on assessments) to run for the board; and the association must publish election results within 7 days.
Meeting Openness Requirements
The Radburn Law requires all board meetings to be open to unit owners, with at least 48 hours advance notice. Owners have the right to attend and speak at open meetings. Executive sessions are allowed for: pending litigation, personnel matters, contract negotiations, and individual member violations — but the board must return to open session and announce what matters were discussed (without details) before adjourning.
Document and Record Access
New Jersey associations must maintain and make available: governing documents, meeting minutes, financial statements, and insurance policies. Owners can request records with 10 business days to respond. The Radburn Law specifically requires associations to post governing documents on a public-accessible website if the community has 100 or more units.
Assessment Liens in New Jersey
New Jersey HOAs have statutory lien rights for unpaid assessments. The NJ Condominium Act provides a super-lien for up to 6 months of assessments with priority over first mortgages. For planned community HOAs under PREDFDA, lien rights are established by the recorded CC&Rs. New Jersey requires judicial foreclosure.
Disclaimer: New Jersey HOA law is actively evolving following the Radburn Law and subsequent amendments. Always verify current NJ statute. Consult a licensed New Jersey attorney for legal advice.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →