New Jersey homeowners are covered by a layered framework anchored in the Planned Real Estate Development Full Disclosure Act (PREDFDA), N.J.S.A. 45:22A-21 et seq. PREDFDA reaches both planned communities and condominiums on questions of governance, open meetings, alternative dispute resolution, and elections. Condominiums also have their own statute, the Condominium Act, N.J.S.A. 46:8B-1 et seq. The Department of Community Affairs (DCA) enforces detailed regulations in N.J.A.C. 5:26. Your recorded master deed or declaration, bylaws, the New Jersey Nonprofit Corporation Act, and federal law all apply alongside. For your specific situation, a licensed New Jersey attorney is the right resource. This is general information, not legal advice.
The full New Jersey stack typically includes:
- PREDFDA, N.J.S.A. 45:22A-21 et seq. — the main governance statute for common interest communities. The 2017 Radburn Law amendments (§ 45:22A-45.1 et seq.) added universal-membership and basic election protections. PREDFDA also creates the HOA lien priority at § 45:22A-44.1.
- The Condominium Act, N.J.S.A. 46:8B-1 et seq. — governs condominiums, including the lien priority at § 46:8B-21.
- N.J.A.C. 5:26 — DCA's regulations implementing PREDFDA, covering meetings, records, ADR, and election procedures.
- The recorded master deed/declaration and bylaws — the community's own governing documents.
- The New Jersey Nonprofit Corporation Act, N.J.S.A. 15A — entity law for incorporated associations.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
Open board meetings
Under PREDFDA, "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. Adequate notice must be given to all unit owners "in such manner as the bylaws shall prescribe." The board may close portions of meetings dealing with enumerated topics — litigation, certain contracts, employee matters, and similar — but the open-meeting presumption is statutory. Whether the board must allow a member-comment period is left to the executive board's discretion under PREDFDA, but participation rights have expanded under the Radburn Law. See Attending HOA Meetings in New Jersey.
The Radburn Law: elections and membership rights
The 2017 amendments to PREDFDA — known as the Radburn Law after the Fair Lawn community whose elections prompted reform — addressed § 45:22A-45.1 et seq. The amendments establish that every unit owner is an association member, set baseline election protections (eligibility, notice, ballot procedures), and require certain governance changes to be implemented through bylaws rather than rules. The DCA's implementing regulations in N.J.A.C. 5:26 fill in much of the procedural detail.
Records and mandatory ADR
PREDFDA does not give members a general right to inspect association records; it requires open-meeting minutes to be made available to members "before the next open meeting" (§ 45:22A-46(a)). Condominium owners have a broader right: the association's accounting records must be "open to inspection at reasonable times by unit owners" (§ 46:8B-14(g)). Associations incorporated as nonprofits are also subject to the member-inspection rules of the Nonprofit Corporation Act, N.J.S.A. 15A:5-24. Equally important, New Jersey law requires associations to provide an alternative dispute resolution (ADR) procedure for disputes between the association and individual unit owners — under § 45:22A-44 for PREDFDA-governed associations and § 46:8B-14(k) for condominiums. The statute describes that procedure as "readily available as an alternative to litigation" (§ 45:22A-44(c)); it does not say an owner must use it before going to court. For condo fines, § 46:8B-15(f) adds that an owner who is not satisfied with the dispute resolution procedure "shall not be prevented from seeking a judicial remedy in a court of competent jurisdiction." See Getting Your New Jersey HOA's Records.
Fines and the limited fining power
PREDFDA does not contain a "fines" statute the way most modern community-association acts do, so for planned communities, fine authority generally flows from the master deed or declaration and bylaws, subject to PREDFDA, regulations, and due-process principles. Condominiums are different. Under N.J.S.A. 46:8B-15(f), a condo association "may impose reasonable fines upon unit owners" only if the master deed or bylaws authorize them; a fine "shall not exceed the maximum monetary penalty" set by the Hotel and Multiple Dwelling Law ($500 for a violation and $5,000 for a continuing violation, N.J.S.A. 55:13A-19(b)); and "A fine shall not be imposed unless the unit owner is given written notice of the action taken and of the alleged basis for the action," along with notice of the right to use the association's dispute resolution procedure. Unpaid fines that are not properly authorized cannot be collected as if they were assessments. See Challenging an HOA Fine in New Jersey.
The six-month super-priority lien — both HOAs and condos
New Jersey gives both HOAs and condos a limited super-priority lien for unpaid assessments, but caps it. Under N.J.S.A. 46:8B-21 for condos and N.J.S.A. 45:22A-44.1 for HOAs, the association's lien for customary assessments has limited priority "over prior recorded mortgages and other liens" — capped at the aggregate customary assessment against the unit owner for the six-month period prior to the recording of the lien. That priority is "cumulatively renewed on an annual basis," subject to two 60-month limits that each expressly set the annual renewal aside (subsection (b)(4)–(5)), and the association must give written notice to any first mortgage holder when recording such a lien. Late charges, penalties, interest, and collection fees do not get priority — only the bare six months of customary assessments do. See Can a New Jersey HOA Foreclose Over Dues?.
When a rule may not hold up
A New Jersey rule has to fit within authority the master deed/declaration and PREDFDA grant, be adopted through proper open-meeting procedures, and be applied evenhandedly. See When Is a New Jersey HOA Rule Unenforceable?.
Frequently asked questions
Do I have to try ADR before suing my New Jersey HOA?
PREDFDA requires associations to offer a dispute resolution procedure that is "readily available as an alternative to litigation" (N.J.S.A. 45:22A-44(c)). The statute does not itself say an owner must use ADR before suing, and a community's governing documents may set their own steps. Whether ADR is required in your specific dispute is a question for a licensed New Jersey attorney.
How much of my unpaid dues can a New Jersey association collect ahead of my mortgage?
For both condos (§ 46:8B-21) and HOAs (§ 45:22A-44.1), the super-priority is capped at the aggregate customary assessment for the six months immediately before the lien is recorded, renewed annually and subject to the statute's 60-month limits. Late charges, interest, and collection fees do not get priority. A licensed New Jersey attorney can apply that cap to your facts.
Does the Radburn Law mean I get to vote in my HOA election?
The Radburn Law amendments to PREDFDA establish that every unit owner is an association member and set baseline election protections. The detailed implementing rules live in N.J.A.C. 5:26. A licensed New Jersey attorney can confirm your specific election and voting rights.
Sources
- N.J.S.A. 45:22A-21 et seq. — Planned Real Estate Development Full Disclosure Act
- N.J.S.A. 45:22A-44 — Powers, functions of association (ADR requirement)
- N.J.S.A. 45:22A-44.1 — HOA lien priority
- N.J.S.A. 46:8B-14 — Responsibilities of association (condo ADR, subsection (k))
- N.J.S.A. 46:8B-15 — Powers of association (condo fines, subsection (f))
- N.J.S.A. 55:13A-19 — Hotel and Multiple Dwelling Law penalties
- N.J.S.A. 45:22A-46 — Bylaws; open meetings and minutes
- N.J.S.A. 15A:5-24 — Nonprofit corporation books and records
- N.J.S.A. 45:22A-45.1 — Radburn Law universal-membership/election provisions
- N.J.S.A. 46:8B-21 — Condominium Act lien priority
- N.J.A.C. 5:26 — Planned Real Estate Development regulations (DCA)