A guide to HOA rules in New Jersey

What are HOA rules?

HOA rules are requirements that help guide how homeowners and residents use their property and shared community spaces. HOA rules in New Jersey typically work alongside the association’s governing documents and may address everyday issues such as parking, pets, landscaping, and amenity use.
 

Examples of HOA rules in NJ

The specific HOA rules in New Jersey vary from one community to another.

Common examples may include:

• Parking restrictions and guest parking requirements
   
• Pet rules, including leash requirements or restrictions on where pets may be taken
   
• Landscaping and lawn care standards
   
• Requirements for fences, sheds, or other exterior additions
   
• Architectural review requirements for exterior changes
   
• Rules for pools, clubhouses, fitness centers, or other amenities
   
• Trash and recycling requirements
   
• Noise or quiet hour rules
   
• Restrictions involving signs or exterior displays
   
• Rules for renting or leasing a home
   
• Requirements for maintaining the exterior appearance of a property
   
• Rules governing the use of common areas

A community’s declaration, bylaws, and rules should be reviewed together because the board cannot treat a separately adopted rule as though it overrides higher-level governing documents or applicable HOA laws. New Jersey’s Planned Real Estate Development Full Disclosure Act (PREDFDA) makes an association’s powers subject to its declaration and other instruments of creation.
 

Do you have to follow HOA rules in NJ?

Generally, yes. When you own a home within a planned community, membership in the association is tied to ownership, and owners are subject to the community’s valid governing documents and properly adopted rules.

However, that does not mean every rule is automatically valid. HOA rules in New Jersey still need to fall within the association’s authority and comply with the governing documents and applicable law.
 

New Jersey HOA laws to know

A few New Jersey statutes directly shape how associations create, apply, and challenge community rules:

• Rulemaking authority: Association bylaws may provide a process for adopting, changing, and enforcing reasonable rules related to the use, maintenance, and enjoyment of units and common elements (N.J.S.A. 45:22A-46(d)(1)).
   
• Limits on association authority: HOA powers remain subject to the declaration, covenants, and other governing documents, and associations must exercise those powers in a way that protects residents’ health, safety, and general welfare (N.J.S.A. 45:22A-44(a)-(b)).
   
• Bylaw amendments: When HOA rules are tied to the bylaws, New Jersey law sets requirements for how those bylaws may be amended, including owner voting and recording requirements in certain situations (N.J.S.A. 45:22A-46(d)).
   
• Rule disputes: Associations must provide a fair and efficient process for resolving disputes between owners and the association as an alternative to going directly to court (N.J.S.A. 45:22A-44(c)).

Unenforceable HOA rules

Not every HOA rule will necessarily be enforceable. Examples may include:

• Rules that conflict with state or federal law: An HOA cannot use its private rules to override legal protections that apply to homeowners.
   
• Rules that conflict with the governing documents: A board-created rule should not contradict the declaration, bylaws, or other controlling community documents.
   
• Rules outside the association’s authority: Boards should be able to connect a new restriction to authority granted by the governing documents and applicable law.
   
• Discriminatory rules: HOA policies must comply with applicable fair housing laws. New Jersey residents are protected from housing discrimination under both the New Jersey Law Against Discrimination and the federal Fair Housing Act.

Because enforceability can depend on the wording of the governing documents and the facts of a particular situation, boards should have association counsel review rules.
 

HOA rule creation and enforcement tips for boards

1. Do a regular rule check.

   Take a look at all policies and rules in your community each year. Are they still needed? Still appropriate? Does a rule made five or 10 years ago still make sense? Check for new legislation that may make a rule obsolete. Update or eliminate policies as needed.
    

2. Common sense should be the guide.

   If the rule creates a bigger problem than already existed, it’s not a good rule. Balance homeowner freedom with protecting resident safety and well-being, as well as property values. Design new policies and rules with a specific outcome or goal; if you can’t determine what that is, take a closer look at why the rule is being proposed. This will help your board avoid political or personal pressure and arbitrary policy-making. When making policy, be mindful of local laws and ordinances and mirror them when appropriate. It can give the policy more validity and another avenue of enforcement.
   
   When drafting rules, it is essential that the penalties for violating them are in line with the policy being violated. Consider leniency for a certain period of time when a rule is first implemented. A progressive system of a friendly reminder, followed by a written warning, then an official violation notice and penalty is one way to go.
    

3. Simplicity is the best way to go.

   Rules shouldn’t require a thesaurus to understand. Following them shouldn’t be tricky or difficult. Policies should never result in standards that homeowners have a hard time meeting. The penalties for breaking a rule should be expressed as clearly as the rule itself.
    

4. Moderation is the key.

   Knee-jerk responses are called that for a reason: they are an immediate instinct, especially in the face of a big problem, and they can make things even worse. The bigger the problem, the greater the temptation to write an overly strict response. Maintaining perspective and pausing to consider the ramifications of a harsh rule are important parts of the response process.
    

5. Clear communication is critical.

   When implementing a new policy, seek resident feedback: how much does this mean to the community? Identify possible areas of pushback. Once consensus has been built and the policy has been created, the rule may need to be voted on and added to the bylaws and/or the association’s governing documents.
   
   Following that, communicate the new policy through emails, community newsletters, social media, posted signs, and other means to inform residents. Provide ample time for them to comply before violation notices are issued. A quality community association management company, such as FirstService Residential, will already have the tools to assist with these crucial resident communications.
    

6. Fairness matters in violation enforcement.

   Policies must apply to everyone and must be enforced with an even-handed approach. If residents feel like they aren’t being treated fairly, they have little motivation to comply with any rules the board creates. Your professional community association management company can help your board enforce policy properly and follow up on a timely basis to help resolve the situation.
   
   Provide the resident who has committed a violation with proper notice of that violation, along with a clearly detailed description of the consequences, as defined in your association’s governing documents. Owners should have a way to dispute the violation through the association’s dispute resolution process. Keep in mind that they have a right to legal counsel if they feel they are being treated unreasonably. If you have any questions, contact your association’s legal counsel.
   
   If your association hasn’t been enforcing policies at all, it’s not too late to start! It is possible to revitalize your community and your rules. Check with your legal counsel and then notify residents that rules will be enforced, beginning on a specific date. Include a reminder about any policies of special concern and the steps of the violation process.
    

7. Verify anonymous complaints.

   Think of an HOA complaint from an unverified source or an unnamed source as gossip. People who make credible complaints are willing to stand by their words. It’s impossible to know the motivation behind an anonymous complaint, and whether it’s malicious or justified. Take the time to investigate and verify the situation before responding.
    

8. Expect some exceptions.

   Common sense and compassion are both part of the equation when a community recognizes that not every policy works for every resident in every situation. Leave room for personal judgment when appropriate. Allow for leniency when warranted.

To keep your compliance process running smoothly, keep these ideas in mind when creating, implementing, and enforcing new policy in your community association.

For more information on how a professional management team can assist your association, contact FirstService Residential, New Jersey’s leading community association management company.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.