New Jersey HOA & condo compliance, with the statute behind every deadline
New Jersey isn't a clean two-act state — a New Jersey condominium answers to two statutes at once. The Condominium Act supplies its property, insurance, and records rules; the Planned Real Estate Development Full Disclosure Act (PREDFDA), as expanded by 2017's "Radburn Act" governance amendments, layers board-election, bylaw-amendment, and developer-transition duties on top — because PREDFDA's own definition of a "planned real estate development" specifically includes property already subject to the Condominium Act. GnomeOwner's compliance calendar tracks duties from both, and shows the exact statute sentence behind each one, not just a due date.
A non-condominium New Jersey HOA answers to PREDFDA's Radburn layer alone, without the Condominium Act's separate property and insurance rules. This page covers both: the Condominium Act's own duties, and the Radburn governance layer that reaches every New Jersey community, condo or not.
A New Jersey condominium answers to two statutes at once, not one
New Jersey's disclosure law, PREDFDA, defines its own subject broadly enough to reach a condominium too — its definition of a “planned real estate development” specifically includes property already covered by the Condominium Act. That's why a New Jersey condominium carries the Condominium Act's own insurance and records duties AND the newer PREDFDA/Radburn governance layer below (board election, bylaw amendment, developer transition) at the same time — genuinely two laws, not a choice between them. A non-condominium New Jersey HOA carries the Radburn layer alone.
“shall specifically include, but shall not be limited to, property subject to the Condominium Act, P.L.1969, c.257 (C.46:8B-1 et seq.)”
A few of the duties GnomeOwner tracks for New Jersey condominium associations governed by both the Condominium Act and PREDFDA's Radburn Act governance layer, and non-condominium HOAs governed by PREDFDA alone
Every deadline here shows you the exact sentence of the statute it comes from, so you — or your attorney — can check it in seconds.
Carry fire/casualty and liability insurance on the common elements
Keep in force, as a common expense, both (1) insurance against loss by fire or other casualties normally covered under broad-form fire and extended-coverage policies, covering all common elements and all structural portions of the condominium property, and (2) insurance against liability for personal injury and death for accidents occurring within the common elements. Apply any casualty proceeds to restoring the common elements where restoration is required.
“The maintenance of insurance against loss by fire or other casualties normally covered under broad-form fire and extended coverage insurance policies as written in this State, covering all common elements and all structural portions of the condominium property”
Keep accounting records open to unit-owner inspection
Maintain the association's accounting records in accordance with generally accepted accounting principles, kept open to inspection by unit owners at reasonable times. The records must include a record of all receipts and expenditures, and an account for each unit showing its share of common expenses and other charges, due dates, present balance due, and any interest in common surplus.
“The maintenance of accounting records, in accordance with generally accepted accounting principles, open to inspection at reasonable times by unit owners.”
Keep executive-board meetings open to members
Your bylaws must require, and the board must hold, all meetings of the executive board open to attendance by all association members (and voting-eligible tenants where applicable), except conference or working sessions at which no binding votes are taken. Give adequate notice as the bylaws prescribe, take minutes, and make them available to all members before the next open meeting. The board may close a meeting, or part of one, only for the four purposes the statute allows: an unwarranted invasion of individual privacy; pending or anticipated litigation or contract negotiations; matters within the attorney-client privilege; or the employment, promotion, discipline, or dismissal of a specific officer or employee.
“all meetings of the executive board, except conference or working sessions at which no binding votes are to be taken, shall be open to attendance by all association members”
Elect the board by a vote of the members
Provide for an executive board elected by the association members (and voting-eligible tenants where the governing documents allow), responsible to the members, through which the association's powers are exercised — hold those elections at the intervals your bylaws require. The board must be elected by the members, not self-appointed or self-perpetuating.
“shall provide for the election of an executive board, elected by the association members, and voting-eligible tenants where applicable, and responsible to the members of the association”
Don't amend the bylaws without a member vote
The executive board must not amend the association's bylaws on its own — a bylaw amendment requires a vote of the association members open to all members. The board may act alone only in two narrow cases: to make the bylaws consistent with State, federal, or local law, or after notifying all members of a proposed amendment with a ballot to reject it (defeated if at least 10% of members vote to reject within 30 days of mailing).
Your board is considering amending the association's bylaws.
“An executive board shall not amend the bylaws of an association without a vote of the association members open to all association members”
Complete the developer-to-owner transition of control
As units are conveyed, control passes to the owners on the statute's ladder: 60 days after 25% are conveyed, owners elect at least 25% of the board; after 50%, at least 40%; after 75%, the developer's control ends and owners elect the entire board (the developer may keep one seat while unsold units remain). Within 60 days of the owners taking control, the developer must deliver to the association all of its records, funds (with an accounting), insurance policies, permits, contracts, and the membership roster.
Your development is still in the developer-control or sellout period — the developer has not yet conveyed all units and transferred full control to the owners.
“control of the association shall be surrendered to the owners in the following manner”
Every item above is drafted from New Jersey’s statute text and shown beside the exact sentence it comes from — check any claim against the law’s own words. This page hasn’t had a full attorney review. Confirm anything you plan to act on with your own attorney or CPA; law as reflected here is current as of 2026-08-16.
This calendar is built from a commercial republisher's edition of the New Jersey Revised Statutes, labeled 2025 — the newest amendment reflected anywhere in either act's text is 2023. New Jersey also passed a structural-inspection and reserve-study law in 2024 that sits outside both chapters this page tracks and isn't reflected here. Confirm current law with your attorney before relying on any figure here as fully current.
New Jersey questions we hear a lot
Does New Jersey have separate condo and HOA laws?
Not cleanly. A New Jersey condominium is governed by the Condominium Act (N.J.S.A. 46:8B) for its property, insurance, and records rules — but it's ALSO covered by a second law, PREDFDA, because PREDFDA's own definition of a “planned real estate development” “shall specifically include, but shall not be limited to, property subject to the ‘Condominium Act,’ P.L.1969, c.257 (C.46:8B-1 et seq.)” (N.J.S.A. 45:22A-23(h)). So a New Jersey condominium carries both acts' duties at once. A non-condominium HOA is governed by PREDFDA's Radburn governance layer alone.
Does New Jersey require open board meetings?
Yes, with a working-session carve-out. Both the Condominium Act and PREDFDA require it in nearly identical language: “all meetings of that governing board, except conference or working sessions at which no binding votes are to be taken, shall be open to attendance by all unit owners” (N.J.S.A. 46:8B-13). The board may close a meeting only for four listed reasons — individual privacy, pending litigation or contract negotiations, attorney-client-privileged matters, or a specific employee's discipline or dismissal.
How does control of a New Jersey HOA or condo transition from developer to owners?
On a statutory ladder tied to how many units the developer has conveyed: “control of the association shall be surrendered to the owners” in stages — 60 days after 25% of units are conveyed, owners elect at least 25% of the board; after 50%, at least 40%; after 75%, the developer's control ends and owners elect the entire board (N.J.S.A. 45:22A-47). Within 60 days of taking control, the developer must deliver all association records, funds, insurance policies, permits, contracts, and the membership roster.
Can a New Jersey HOA or condo board amend its own bylaws?
Not on its own. “An executive board shall not amend the bylaws of an association without a vote of the association members open to all association members” (N.J.S.A. 45:22A-46) — the board may act alone only to make the bylaws consistent with state, federal, or local law, or after giving all members a ballot to reject a proposed amendment (defeated if at least 10% of members vote to reject it within 30 days).
Is GnomeOwner's New Jersey compliance calendar reviewed by a lawyer?
Every deadline on this page is shown beside the exact sentence of the statute it comes from — so you can check each claim against the law's own words, right here on the page. What this page hasn't had yet is a full attorney review. It's legal information, not legal advice: confirm anything you plan to act on with your own attorney.
Also covered: North Carolina, Nevada, Virginia, Arizona, Washington, South Carolina, Illinois, Oregon, Utah, California, Colorado, Texas, Georgia, Florida, New York, Michigan, Massachusetts, Ohio, Pennsylvania, South Dakota, Wyoming, Connecticut, Alaska, West Virginia, Vermont, Delaware, Alabama, Montana, Hawaii, New Hampshire, Idaho, Iowa, Kentucky, Louisiana, North Dakota, Maine, Nebraska, Rhode Island, Oklahoma, New Mexico, Kansas, Mississippi, Arkansas, Missouri, Wisconsin, Indiana, Maryland, Minnesota, Tennessee. More states are added as their compliance calendars are built — see the full list.
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