Advocating for Homeowners' Rights in Planned Communities

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Looking for NJ HOA Laws?

Go to hopb.co/new-jersey to find…

  • NJ Condominium Act
  • PREDFDA
    (NJ Planned Real Estate Development
    Full Disclosure Act)
  • NJ Nonprofit Corporation Act
  • Cooperative Recording Act of New Jersey
  • Radburn Case

and a great source for other HOA resources

Rules for Satellite Dishes in Common-Interest Community OTARD (Over-the-Air Reception Devices)
Section 207 of the Telecommunications Act of 1996

Do you have a Rec Center with a pool?
Sanitary and Safety Regulations
NEW JERSEY STATE SANITARY CODE CHAPTER IX PUBLIC
RECREATIONAL BATHING N.J.A.C. 8:26

Official Site of the NJ Department of Community Affairs

Our forum is a unique opportunity for the New Jersey HOA community to learn about current legislative bills that promote rights and advocate for homeowners in HOA’s. We’re interested in hearing what you think. Get involved so we can help our communities improve now and for the future.

HOA FAQs

Alternative dispute resolution (ADR) is a process of resolving legal disputes outside of the court system.
There are a number of different ADR methods that can be used in real estate, including:

Mediation: Mediation is a process in which a neutral third party, called a mediator, helps the parties to a dispute reach an agreement. The mediator does not make a decision for the parties, but rather helps them to communicate and negotiate a resolution that is acceptable to both sides.

Arbitration: Arbitration is a process in which a neutral third party, called an arbitrator, hears the evidence and makes a decision that is binding on the parties. Arbitration is often chosen because it is faster and less expensive than litigation.

Contact your association to request ADR. If your association refuses your request, file a complaint with the DCA. See below.

A portion of the Condominium Act (Act), N.J.S.A. 46:8B–1 to –38, requires condominium associations to establish a “fair and efficient procedure for the resolution of housing-related disputes” between individual unit owners and the association, or between unit owners, “as an alternative to litigation.” See N.J.S.A. 46:8B–14(k).

Nonetheless, the Act does not define the term “housing-related disputes” contained in N.J.S.A. 46:8B–14(k). Because the long-established public policy of this State favors alternative dispute resolution, and because the Legislature chose expansive and unconditional language when it required the arbitration of “housing-related disputes” when—requested by a party, we construe the term broadly. We hold that the term “housing-related disputes” refers to any dispute arising directly from the condominium relationship. As such, the dispute between the Association and defendants was a housing-related dispute that should have been submitted to arbitration or other form of alternative dispute resolution pursuant to N.J.S.A. 46:8B–14(k). We reverse and remand.

Bell Tower Condo. Ass’n v. Haffert, 423 N.J. Super. 507, 510 (App. Div. 2012)

DCA Complain Form:

https://www.state.nj.us/dca/divisions/codes/forms/pdf_ari/assoc_pkt.pdf

 

Per the DCA: “…does not have the statutory authority to take actions such as investigating alleged wrongdoings of board members or employees, removing board members from office, ordering board members or employees to comply with governing documents or to take or rescind specific actions. Similarly, we cannot order revisions to financial practices or operating procedures, conduct audits. Owners are empowered to correct such matters through ADR or litigation as well as by petitioning the board or electing new board members.

The Bureau of Housing Inspection, administers the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) (hereafter called “The Act”). The Bureau is responsible for ensuring that hotels and
multiple-family buildings of three or more dwelling units operating within the State of New Jersey are properly maintained and do not pose a threat to the health, safety and welfare of their residents, nor the community in general. Inspections are done every 5 years.

Bureau of Housing Inspection
https://www.nj.gov/dca/divisions/codes/offices/housinginspection.html

Learn more…
https://njdcaportal.dynamics365portals.us/Legislative_Letter.pdf

Report a Housing Code Violation
To file a complaint contact the Bureau of Housing Inspection at
(609) 633-6227 or [email protected].

Check your Community for Violations https://njdcaportal.dynamics365portals.us/ultra-bhi-home/ultra-bhi-propertysearch/

 

The New Jersey Law Against Discrimination (LAD) prohibits discrimination in housing based on actual or perceived:

  • Race or color;
  • Religion or creed;
  • National origin, nationality, or ancestry;
  • Sex, pregnancy, or breastfeeding;
  • Sexual orientation;
  • Gender identity or expression;
  • Disability;
  • Marital status or domestic partnership/civil union status;
  • Liability for military service;
  • Familial status (having children under age 18); and
  • Source of lawful income used for rental or mortgage payments.

 

Learn more and find additional resources here:

https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/housing-discrimination/

Legal and Procedural Updates

Effective Date: Jan 8, 2024

Governor Phil Murphy today signed S2760/A4384

Requires additional procedures for inspecting, and maintaining the structural integrity of certain residential housing structures and addresses Reserve Funding.

Go to Discussion Board for Details

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Effective Date: Nov. 20, 2023

Gov Murphy signed…

A-4488/S-2662 (Lopez/Singleton) – Limits common interest community regulation of certain vehicles

Go to discussion board for details

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Effective Date: July 17, 2023

Planned Real Estate Development Full Disclosure Act Regulations Adopted Amendments: N.J.A.C. 5:26-8.9, 8.11, 8.12, and 8.13

Learn more 

Summary of Public Comments and Agency Responses

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Effective November 8, 2021

New Jersey Governor Phil Murphy signed into law Senate Bill No. 2861 (Act) requiring the removal of discriminatory language prohibited by New Jersey’s Law Against Discrimination (N.J.S.A. 10:5-1 to 5-49) that restricts the ownership or use of real property from all deeds recorded on or after January 1, 2022 and from the governing documents of homeowners’ and condominium associations.

Learn more

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Passed: 2020-10-19

Bill Title: Concerns installation of electric vehicle charging stations in common interest communities.

Learn More

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