NJ Condo Act: A 2025 guide for your HOA or condo association

What is the New Jersey Condo Act?

The New Jersey Condo Act is a set of state laws that governs the creation, administration, and management of condominium associations in New Jersey. Originally enacted in 1969 and amended several times since, the NJ Condo Act outlines legal rights and responsibilities for condo associations and individual unit owners. It addresses everything from voting procedures to maintenance obligations, and is regarded as the core regulatory foundation for most condo communities in the state.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Who regulates condos in NJ?

Condominium associations in New Jersey are primarily regulated under the NJ Condo Act and are also subject to oversight by the New Jersey Department of Community Affairs (DCA). The DCA plays an administrative role, offering guidance and, in some cases, receiving required filings from associations. However, the day-to-day governance of condominiums falls to the association's elected board members.

In addition to the NJ Condo Act, many condos must also comply with the New Jersey Planned Real Estate Development Full Disclosure Act (PREDFDA). Other applicable regulations may include the New Jersey Nonprofit Corporation Act if your association is structured as a nonprofit. Boards are advised to work closely with qualified legal counsel and property management professionals to review NJ HOA laws and regulations and determine which apply to their community’s structure and operations.
 

NJ Condo Act mandatory requirements

The New Jersey Condo Act includes several mandatory requirements that every association must follow, regardless of what is stated in their governing documents. These legal standards affect how boards are elected, how funds are managed, and how decisions are made within the association.

For example, the Act mandates that all unit owners are members of the association and have the right to vote on major community matters. It also requires associations to maintain and provide access to certain financial records, hold open board meetings, and conduct business in a transparent manner. Associations must keep minutes of meetings and make them available to owners upon request.

Some additional highlights of mandatory compliance include:

• Establishing a fair election process for board members
   
• Developing and adopting an annual operating budget
   
• Maintaining adequate property insurance
   
• Providing timely access to association records upon request

Regular consultation with your association’s attorney and property management team can help reinforce best practices and minimize the risk of noncompliance.
 

What are the rights of condo owners in New Jersey?

Condo owners in New Jersey are typically granted several rights under the NJ Condo Act. Key rights may include:

• The right to vote in board elections and on other significant community matters
   
• The right to attend open board meetings
   
• The right to access financial records, meeting minutes, and governing documents upon request
   
• The right to receive proper notice before rule changes or assessment increases
   
• The right to petition for special meetings or proposed changes, depending on community bylaws

To clarify how these rights apply within your specific community, it is advisable to speak with qualified legal counsel and engage your association’s property management partner.
 

How does the New Jersey Condo Act impact board elections?

The NJ Condo Act requires that every condominium association be governed by a board of trustees or directors elected by the unit owners. It establishes that all unit owners are members of the association and have the right to vote, and it generally calls for associations to adopt bylaws that specify the number, qualifications, and terms of board members. However, the Act itself leaves many procedural details — such as how nominations, ballots, and notices should be handled — to the association’s governing documents or later regulation.

To fill in those gaps, the New Jersey Department of Community Affairs adopted new regulations effective May 18, 2020, commonly referred to as the Radburn Regulations. These rules implement legislative amendments to the PREDFDA. They include:

• Advance written notice of open board seats and upcoming elections
   
• A clear, accessible nomination process allowing eligible owners to nominate themselves or others
   
• Secret ballot voting for contested elections
   
• Prohibitions on excessive or unreasonable candidacy restrictions in governing documents

The goal of these rules is to promote transparency and protect the rights of owners to participate in their association’s governance. Boards must follow both the NJ Condo Act and the Radburn rules, and many rely on professional management to coordinate timely, compliant elections each year. Consult your association’s legal counsel to determine how these laws apply to your community.
 

Does the NJ Condo Act require open meetings?

Yes, the NJ Condo Act requires that meetings of the governing board (except for limited executive sessions) be open to attendance by all unit owners, with adequate notice and minutes made available.

In addition, most associations in New Jersey must comply with open meeting rules established by the DCA under PREDFDA, which further detail notice periods, minute‑keeping, and permissible executive‑session topics. Executive sessions may still be held for sensitive matters such as legal advice, personnel decisions, or contract negotiations. Associations may reduce the chance of procedural errors by reviewing their meeting practices with legal counsel and their management partner to help align them with current regulations.
 

What financial obligations does the NJ Condo Act impose?

The NJ Condo Act imposes several financial obligations on both the association and the individual unit owners. The association is required to adopt an annual budget, which must include common expenses like maintenance, insurance, and reserve funding.

Unit owners, in turn, are obligated to pay their share of assessments. If payments are missed, associations may have the authority to take steps to recover unpaid amounts, typically as outlined in the governing documents and within the bounds of the law.
 

Can the NJ Condo Act override my community’s bylaws?

In cases where your association’s bylaws or other governing documents conflict with the NJ Condo Act, the state law will generally take precedence. This means that provisions in your governing documents that contradict the NJ Condo Act may not be enforceable. Associations should periodically review their governing documents with qualified legal counsel and their professional property management partner to support compliance with New Jersey laws.
 

How a property management company can support compliance

Professional property management companies can play a key role in helping boards comply with the NJ Condo Act. From organizing elections to maintaining financial records and coordinating inspections, experienced managers can help translate legal requirements into daily practices.

Whether it’s preparing annual budgets, overseeing maintenance, or keeping your documents up to date, FirstService Residential helps board members focus on strategic decisions while we handle the administrative details. Contact our team today to explore how our expert management services can support your community.