In New Jersey, certain planned communities may be governed by a homeowners association (HOA). Their powers and responsibilities vary based on the property type and governing documents.
Who Regulates HOAs in New Jersey?
In New Jersey, there is no specific statute that generally governs HOAs. However, HOAs in New Jersey are subject to the rules set forth in the New Jersey Planned Real Estate Development Full Disclosure Act (PREDFDA).
An HOA is also regulated by its own governing documents. Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations.
HOAs in New Jersey may also be subject to applicable federal laws such as:
HOAs may also be subject to certain state laws such as:
How to Find HOA Regulations in New Jersey
HOA governing documents are public record in New Jersey. An HOA must record its governing documents with the county land records to be enforceable. To obtain these documents visit the local county clerk’s office.
In some instances, a person can obtain these records online by using the New Jersey Business Name Search on the New Jersey Department of the Treasury website. On this site, homeowners may be able to access limited information about the HOA.
HOA Powers in New Jersey
In New Jersey, an HOA has the power to:
- Collect assessments for common expenses
- Regulate common areas
- Collect charges for late payments of assessments
- Levy reasonable fines
- Foreclose on a house for unpaid liens
Additionally, HOA governing documents can grant further powers such as restrictions on home ownership, exterior paint colors, fencing, and parking requirements.
Can an HOA Impose Fines on a Homeowner in New Jersey?
In New Jersey, an HOA can impose fines on a homeowner for violating its rules. Although there are no laws regulating these fees, generally fees can range from as little as $20 to over $500 depending on the severity and length of the violation.
The HOA’s governing documents will likely note the amount and types of fees in a homeowner’s HOA as well as notice requirements for such fees.
An HOA cannot fine a homeowner for (or generally prohibit):
- Installing solar energy panels
- Installing satellite dishes and antennas
- Displaying the American flag so long as the flag is displayed in a manner consistent with federal flag display law
An HOA’s governing documents may include reasonable rules and regulations regarding the placement and manner of display of the American flag and solar panels.
Can an HOA Take a Homeowner’s House in New Jersey?
An HOA can foreclose on a homeowner’s house in New Jersey for unpaid liens by following the same legal process that a mortgage lender would to foreclose on a house.
However, an HOA cannot foreclose without first mailing a notice of intention to foreclose to the homeowner and giving the homeowner at least 30 days to pay the outstanding debts.
An HOA cannot evict a homeowner or a tenant of a homeowner unless expressly authorized in the governing documents. The HOA also does not have the power to force a homeowner to evict their tenant. However, the HOA may have other powers or restrictions about rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in New Jersey?
In New Jersey there is no provision in the law that allows an HOA to enter a homeowner’s property. However, most governing documents contain a provision allowing an HOA to enter a homeowner’s house as reasonably necessary to maintain units, common elements, or shared utilities.
Units are solely used by the property owners, but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces in and around a homeowner’s house that are collectively owned by the HOA, such as a pool. Shared utilities may include water or sewage that are provided directly through the HOA.
Except in the case of an emergency, the HOA must generally give prior notice before entering a homeowner’s property. Typically, an HOA will give 1-2 weeks’ notice, but notice requirements are determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in New Jersey?
The venue for filing a Complaint against an HOA in New Jersey depends on the complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the Attorney General’s Office, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date. A homeowner may also file a complaint with the New Jersey Division of Consumer Affairs.
If a homeowner feels they are a victim of housing discrimination they can file a complaint with the The New Jersey Division on Civil Rights, the U.S. Department of Housing and Urban Development, or file a private lawsuit in New Jersey state or federal court.
For complaints under PREDFDA, homeowners must file a complaint using an alternative dispute resolution (ADR) forum. ADR procedures can be either mediation (a neutral person to help resolve the conflict) or arbitration (a third party resolves the dispute ending with a decision). The specific forum and procedures must be designated in the governing documents.
For any other complaints, a homeowner can bring a claim in state court in the appropriate county.
Joining and Leaving an HOA in New Jersey
In New Jersey, if a person purchase a home in a neighborhood with a preexisting HOA, they are required to join and abide by the HOA rules. The homeowner should be presented with documents explaining the HOA and its rules at the closing of the home purchase.
If a person bought a house in a neighborhood with an HOA, they cannot simply leave or opt-out of the HOA. To leave an HOA, the homeowner can sell their house or try to petition the HOA to have the home removed, but there is no guaranteed right that the petition will be granted.
How to Dissolve an HOA in New Jersey
The process for dissolution of an HOA in New Jersey may be set forth in the HOA’s governing documents. If it is not, the board members of the HOA must propose dissolution to the members of the HOA.
After a proposal, appropriate notice must be provided to the members of the HOA. Unless otherwise specified by the governing documents, dissolution is approved by more than two-thirds of all the votes cast on the proposal to dissolve.
If approved, the agreeing members will sign a termination agreement, settle any debts, dispose of assets belonging to the HOA, and file Articles of Dissolution with the New Jersey Department of Treasury to complete the dissolution.
Sources
- 1 N.J.A.C. § 5:26-8.6
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(a) Until such time as the association shall make an assessment for common expenses, the developer shall pay
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all of the expenses of the common elements and facilities. (b) When the association has made a common expense assessment, the assessment shall be assessed
against the units individually owned and under development in proportion to the benefit derived by the unit from
the items included in the budget. - 2 N.J.A.C. § 5:26-4.2
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(a) The public offering statement shall contain the following information… 7. The following documents:
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i. A statement as to who will control the operation and management of the common elements and
facilities and when control will be vested in any association, trust or other entity; ii. Copies of any actual or proposed management or service contract, lease or agreement affecting the use, maintenance or access of or to any or all of the common elements or facilities… - 3 N.J.A.C. § 5:26-8.8
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(c) An association member shall be considered to be in good standing… 1. Is current in the payment of common expenses, late fees, interest on unpaid assessments, legal fees,
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or other charges lawfully assessed; 2. Is in compliance with a judgement for common expenses, late fees, interest on unpaid assessments, legal fees, or other charges lawfully assessed… - 4 New Jersey Law P.L.2007, c.153
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C.45:22A-48.2 Solar collectors on certain roofs, homeowners association authority limited. 1. a. An association formed for the management of commonly-owned elements and
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facilities, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A43), shall not adopt or enforce a restriction, covenant, bylaw, rule or regulation prohibiting the installation of solar collectors on certain roofs of dwelling units… - 5 Over-the-Air Reception Devices Rule
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 6 4 U.S.C. § 5.
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 7 N.J.A.C. § 5:26-8.8
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(c) An association member shall be considered to be in good standing… 4. Has requested or is participating in Alternative Dispute Resolution (ADR) or in a court proceeding for
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a dispute over a matter that affects the owner’s good standing. - 8 N.J.A.C. § 5:26-8.8
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(a) Upon acceptance of a deed to the unit, each owner shall be an association member for so long as he or she
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holds title to the unit.
