New Jersey
New Jersey HOA and Condo Resale Package (Resale Certificate): Fees, Deadlines, and How to Order
No New Jersey statute requires a resale package, but title companies and lenders still ask for one before closing. Associations furnish it under their governing documents, and a related statute gives the association 10 days to state what a home owes.
Free for the resale platform. No contract to sign.
New Jersey Resale Package
Example Tower Owners Association
Regular assessment
$225.00 monthly
Reserve balance
$143,000.00
Master insurance
Certificate on file
Due to the requester
Within 10 days
New Jersey at a glance
- What New Jersey calls it
- Resale Package
- Fee cap
- No fixed dollar cap
- Delivery deadline
- 10 days
- Buyer's right to cancel
- No statutory right tied to this document
Also called: resale certificate, condo resale package. If you were told to get a New Jersey resale certificate, or an NJ resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What each New Jersey act sets
New Jersey has 2 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
N.J.S.A. 46:8B-21
Condominium Act. Applies to condominiums.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- 10 days from the request
N.J.S.A. 45:22A-44.1
PREDFDA. Applies to HOAs and planned communities.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- 10 days from the request
New Jersey HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
N.J.S.A. 46:8B (Condominium Act)
The Condominium Act governs the creation and operation of condominiums in New Jersey and has applied to condominiums formed since 1970. It covers the master deed and bylaws, the powers and responsibilities of the unit owners association, common elements and common expenses, assessments and liens, and the rights of unit owners. It does not create a general resale disclosure requirement, though it does require the association to certify unpaid assessments on a unit when asked.
N.J.S.A. 45:22A-21 (PREDFDA)
The Planned Real Estate Development Full Disclosure Act, in effect since 1977, regulates the creation, state registration, and sale of planned real estate developments in New Jersey, a term that by statute includes condominiums, homeowners associations, and housing cooperatives. It requires developers to register with the state and give purchasers a public offering statement before an initial sale, and it addresses the transition of control from the developer to the owners association, association powers, assessments and liens, and general operating standards. It does not impose a general resale disclosure requirement, though it requires an association to certify unpaid assessments on request and, for age-restricted communities, requires a narrow compliance certification when a unit resells.
N.J.S.A. 46:8B-21 (Liens; certificate of unpaid assessments)
This section gives a condominium association a lien on a unit for unpaid common expense assessments and sets the lien's priority against other liens and mortgages. It also requires the association, on request from an owner, a prospective purchaser, or a lender, to issue within a set time a certificate stating the amount of unpaid assessments on a unit, which the requester may rely on.
N.J.S.A. 45:22A-44.1 (Lien on Each Unit for Unpaid Assessments)
This section gives an association formed under the Planned Real Estate Development Full Disclosure Act a lien on a unit for unpaid assessments and sets the lien's priority against other liens and mortgages. It also requires the association, on request from an owner, a prospective purchaser, or a lender, to issue within a set time a certificate stating the amount of unpaid assessments on a unit. It does not apply to cooperatives.
N.J.S.A. 45:22A-46.2 (Resale Certification in Age-Restricted Communities)
This section requires that, before a dwelling unit in an age-restricted community is resold or otherwise transferred, the new owner certify that the unit will be occupied in a way that keeps the community's age-restricted status compliant with federal fair housing rules, with a copy of the certification given to the purchaser for recording.
The notice Havn prints on every New Jersey resale package
Every New Jersey document Havn prepares carries a notice that tells the reader where the document comes from and what New Jersey law says about it. This is the wording, act by act.
N.J.S.A. 46:8B-21Condominiums
No New Jersey statute requires an association to issue this resale package. This package is furnished under the association's master deed, bylaws, and rules.
One part of it is required by statute. Under N.J.S.A. 46:8B-21(d), a unit owner, or a purchaser of a unit before a voluntary sale is completed, may require the association to furnish a certificate showing the amount of unpaid assessments pertaining to the unit, and the association must furnish that certificate within 10 days after the request. The holder of a mortgage or other lien on the unit may request a similar certificate.
For a purchaser, the practical effect is this. A person other than the unit owner at the time the certificate is issued may rely on the certificate, and that person's liability is limited to the amounts set forth in it. A purchaser who relies on the certificate is therefore not liable for unpaid assessments on the unit beyond the amounts it states.
The statute does not set a fee for the certificate, and New Jersey law gives the purchaser no right to cancel the sale based on this package. Any review or cancellation period is the one set by the purchase contract. The information in this package is current as of its issue date, and New Jersey law sets no expiration date for it.
N.J.S.A. 45:22A-44.1HOAs and planned communities
No New Jersey statute requires an association to issue this resale package. This package is furnished under the association's governing instrument, which may be a master deed, a declaration, or a proprietary lease, together with its bylaws and rules.
One part of it is required by statute. Under N.J.S.A. 45:22A-44.1(d), a unit owner, or a purchaser of a unit before a voluntary sale is completed, may require the association to furnish a certificate showing the amount of unpaid assessments pertaining to the unit, and the association must furnish that certificate within 10 days after the request. That section does not apply to cooperatives, so for a cooperative this package rests on the proprietary lease, the bylaws, and the association's rules rather than on N.J.S.A. 45:22A-44.1. The holder of a mortgage or other lien on the unit may request a similar certificate.
For a purchaser, the practical effect is this. A person other than the unit owner at the time the certificate is issued may rely on the certificate, and that person's liability is limited to the amounts set forth in it. A purchaser who relies on the certificate is therefore not liable for unpaid assessments on the unit beyond the amounts it states.
The statute does not set a fee for the certificate, and New Jersey law gives the purchaser no right to cancel the sale based on this package. Any review or cancellation period is the one set by the purchase contract. The information in this package is current as of its issue date, and New Jersey law sets no expiration date for it.
New Jersey resale package: common questions
What is a New Jersey resale package?
It is the package a New Jersey association puts together when a home in the community is sold: what the home owes, plus the association's budget, insurance, and governing documents. No New Jersey statute prescribes it, so its contents follow the governing documents and what the closing asks for.
How much does a New Jersey resale package cost?
New Jersey sets no dollar cap and no statute governs the fee, so the governing documents and the management contract decide it.
How long does a New Jersey association have to provide a resale package?
10 days, counted from the request.
Is a resale package required in New Jersey?
No New Jersey statute requires a resale package. Buyers, lenders, and title companies still ask for one, and associations furnish it under their governing documents.
Can a buyer cancel after receiving a New Jersey resale package?
New Jersey law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
Who pays for the resale package in New Jersey?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a New Jersey resale package?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents.
How do I get a resale package in New Jersey?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a New Jersey association has 10 days. A buyer should ask the seller or the closing agent to order it.
Is this the same as a New Jersey sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How New Jersey compares with its neighbors
Management companies that work across state lines meet a different rule on each side. New Jersey: no fixed dollar cap, 10 days.
New York
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
Pennsylvania
Resale Certificate
No fixed dollar cap
10 days
Required by statute
Delaware
Resale Certificate
$200
10 days
Required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next New Jersey resale package could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.