Know Your LawNJ
Which New Jersey Laws Govern Your HOA or Condo?
By The HOARebel Team · June 1, 2026 · 2 min read
New Jersey runs community associations on a layered framework: PREDFDA at the top, the Condominium Act for condo-specific issues, and DCA regulations filling in the detail. Knowing which layer answers which question is the starting point for almost every dispute. For your specific situation, a licensed New Jersey attorney is the right resource. This is general information, not legal advice.
The governance statute: PREDFDA (N.J.S.A. 45:22A-21)
The Planned Real Estate Development Full Disclosure Act is the main statute and reaches both planned communities and condominiums on governance questions. It covers:
- Open board meetings — meetings open to members, except conference/working sessions and enumerated closed topics
- Alternative dispute resolution — associations must offer ADR for housing-related disputes between the association and owners
- The Radburn Law (§ 45:22A-45.1 et seq.) — added in 2017, establishes universal membership and baseline election protections
- HOA lien priority (§ 45:22A-44.1) — a six-month super-priority cap mirroring the Condominium Act
Condominium-specific: the Condominium Act (N.J.S.A. 46:8B)
The Condominium Act is the operating statute for New Jersey condominiums. Its records, meeting, and lien provisions are condo-specific. Section 46:8B-21 establishes the six-month super-priority lien for condo assessments, which mirrors PREDFDA's HOA priority cap.
The DCA regulations: N.J.A.C. 5:26
The Department of Community Affairs implements PREDFDA through detailed regulations at N.J.A.C. 5:26. The rules cover meeting and election procedures, records access, ADR, and recordkeeping. The 2018 "Radburn Regulations" implementing the 2017 statutory amendments have been the subject of appellate litigation — the regulatory landscape continues to evolve, which is one reason a licensed New Jersey attorney is the right resource for a specific dispute.
The New Jersey Nonprofit Corporation Act (N.J.S.A. 15A)
Most New Jersey associations are incorporated nonprofits under the New Jersey Nonprofit Corporation Act. That entity law supplies director duties and member-meeting and voting procedures that supplement PREDFDA and the DCA regulations.
How the layers fit
- The recorded master deed/declaration and bylaws — the community's own documents; PREDFDA sets the governance floor.
- PREDFDA (N.J.S.A. 45:22A-21) for both HOAs and condos on governance, ADR, and elections.
- The Condominium Act (N.J.S.A. 46:8B) for condo-specific operating rules.
- N.J.A.C. 5:26 for DCA's implementing regulations.
- The New Jersey Nonprofit Corporation Act for the incorporated entity.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
From records to fines to the assessment lien, this layered framework is the starting point for most New Jersey homeowner questions.