New Jersey HOA and Condo Laws, in Plain English

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. 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.

  Official text

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. 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.

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• 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.

  Official text