Attending HOA Meetings in New Jersey

New Jersey treats board transparency as the rule, with closed sessions limited to a specific set of topics. The 2017 Radburn Law added universal-membership and basic election protections that have changed how community associations handle elections and voting. For your specific situation, a licensed New Jersey attorney is the right resource. This is general information, not legal advice.

Are HOA board meetings open to members in New Jersey?

Generally, yes. Under N.J.S.A. 45:22A-46(a), all executive board meetings, except conference or working sessions at which no binding votes are to be taken, are open to attendance by all association members. The board may exclude or restrict attendance for four listed topics, and members get adequate notice as the bylaws prescribe.

PREDFDA provides that "all meetings of the executive board, except conference or working sessions at which no binding votes are to be taken, shall be open to attendance by all" association members (N.J.S.A. 45:22A-46(a)). That reaches the board's meetings where binding votes are taken — budgets, rules, and enforcement decisions — not just the annual membership meeting.

"Adequate notice" of open meetings must be given to all association members "in such manner as the bylaws shall prescribe." That makes the bylaws the document to read for the specific notice mechanics in your community.

When can a New Jersey HOA board meet in closed session?

For four listed topics. N.J.S.A. 45:22A-46(a) lets the board restrict attendance for matters whose disclosure would be an unwarranted invasion of individual privacy; pending or anticipated litigation or contract negotiations; attorney-client privilege where confidentiality is ethically required; and the employment, promotion, discipline or dismissal of a specific officer or employee. Conference or working sessions without binding votes are also excepted.

PREDFDA allows the board to "exclude or restrict attendance at those meetings, or portions of meetings, dealing with" four listed topics:

• "any matter the disclosure of which would constitute an unwarranted invasion of individual privacy"
• "any pending or anticipated litigation or contract negotiations"
• matters within the attorney-client privilege, "to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer"
• "any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee of the association"

The only other exception in § 45:22A-46(a) is for "conference or working sessions at which no binding votes are to be taken."

Can homeowners speak at HOA board meetings in New Jersey?

Only if the board allows it. Under N.J.S.A. 45:22A-46, member participation in open meetings, or a public comment session, is at the executive board's discretion; PREDFDA itself does not require a comment period. The DCA's regulations let an association adopt a policy for comments during meetings, which must be applied uniformly.

PREDFDA leaves member participation in open meetings to the executive board's discretion: "At each meeting required under this subsection to be open to all association members, and voting-eligible tenants where applicable, the participation of unit association members, and voting-eligible tenants where applicable, in the proceedings or the provision of a public comment session shall be at the discretion of the executive board." PREDFDA itself does not require a comment period. The DCA's regulations let an association adopt a policy for comments during meetings, and "Such policy shall be applied uniformly" (N.J.A.C. 5:26-8.12(a)(3)).

The Radburn Law: universal membership and election protections

The 2017 Radburn Law (P.L.2017, c.106) amended PREDFDA; its legislative findings are at N.J.S.A. 45:22A-45.1. Its main governance changes:

• Universal membership — "Membership in the association of a planned real estate development shall be comprised of each owner within the planned real estate development" (N.J.S.A. 45:22A-43(c))
• Election protections — N.J.S.A. 45:22A-45.2 sets election rules. The detailed list in subsection (c) applies to "all associations of developments with 50 or more units," except two paragraphs that apply to all; smaller developments must have a basic system covering notice, nominations, candidacy, voting information, and ballot counting (subsection (b)). Initial board elections in condominiums "shall not be subject to this section" (subsection (d)).
• Bylaw amendments — "An executive board shall not amend the bylaws of an association without a vote of the association members open to all association members," except to conform the bylaws to law or after a notice-and-ballot process in which the amendment is defeated if at least 10 percent of members vote to reject it within 30 days (N.J.S.A. 45:22A-46(d)(5))

The DCA's implementing regulations at N.J.A.C. 5:26 (sometimes called the "Radburn Regulations") fill in the procedural detail — but parts of them did not survive court review.

The 2024 ruling that pared back the Radburn Regulations

On February 23, 2024, the New Jersey Appellate Division held that three of the DCA's Radburn Regulations altered the terms of the statute, reversed them, and remanded them to the DCA. The opinion is unpublished, so under Court Rule 1:36-3 it does not "constitute precedent or be binding upon any court." The provisions reversed:

• The regulation making votes at closed meetings non-binding (N.J.A.C. 5:26-8.12(e)(2)) — the court held: "The statute does not forbid binding votes from being taken at all closed meetings, as the regulation does."
• The requirement that the notice of a bylaw-amendment vote include an absentee ballot whenever the bylaws provide for a proxy ballot (N.J.A.C. 5:26-8.13(f)(4))
• The requirement that bylaws reserve a board seat for owners of affordable units when those units are a minority (N.J.A.C. 5:26-8.10(a)(2))

The court upheld the other challenged rules, including the ballot-tallying rule (N.J.A.C. 5:26-8.9(h)). The headline for owners: the statutory open-meeting rule above still stands, but parts of the regulatory gloss the DCA had layered on top of it were sent back to the DCA. Because this area is unsettled, a licensed New Jersey attorney is the right resource for what currently applies in your community.

What people generally do

For owners who want a real voice in their New Jersey association, a few things commonly matter:

• The bylaws set the specific notice mechanics PREDFDA defers to.
• Whether meetings of the executive board are noticed and held open, with closed portions limited to the enumerated topics.
• Whether a closed portion of a meeting fits one of the four listed topics (after the 2024 ruling, PREDFDA is not read to forbid every binding vote in closed session — the question is whether the matter fits an enumerated closed-session topic).
• The election protections in N.J.S.A. 45:22A-45.2, which govern board elections.
• Meeting minutes and notices show how decisions were made.
• A licensed New Jersey attorney is the resource if the open-meeting or election rules appear to be ignored.

Sources

• N.J.S.A. 45:22A-21 et seq. — Planned Real Estate Development Full Disclosure Act
• N.J.S.A. 45:22A-43 — Organization of association (membership)
• N.J.S.A. 45:22A-45.1 — Legislative findings (2017 Radburn Law)
• N.J.S.A. 45:22A-45.2 — Executive board elections
• N.J.S.A. 45:22A-46 — Bylaws; open meetings, minutes, and amendments
• N.J.A.C. 5:26 — DCA implementing regulations
• Appellate Division opinion, Feb. 23, 2024 (Docket No. A-2241-21) — partial invalidation of the Radburn Regulations