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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (PREDFDA)
New Jersey planned-community homeowners associations are governed mainly by the Planned Real Estate Development Full Disclosure Act (N.J.S.A. 45:22A-21 et seq.) together with each community's recorded declaration of covenants. The Act generally does not set one fixed percentage to amend the recorded declaration, so that threshold is usually whatever the declaration itself specifies. Its 2017 'Radburn' governance amendments, however, generally let members amend the bylaws by a majority of all authorized votes where the bylaws are silent or demand more than two-thirds (N.J.S.A. 45:22A-46). New Jersey has not adopted the Uniform Common Interest Ownership Act, so the recorded documents and PREDFDA generally control.
Condominiums (Condominium Act)
Condominiums are governed by the New Jersey Condominium Act (N.J.S.A. 46:8B-1 et seq.) along with the recorded master deed. The Act generally allows a master deed to be amended in the manner set forth in that document, so the recorded master deed's own stated percentage usually controls rather than a fixed statutory supermajority (N.J.S.A. 46:8B-11). An amendment that changes a particular unit generally cannot take effect unless that unit's owner, and the holders of record of any liens on it, join in or consent (N.J.S.A. 46:8B-11). Amendments generally become effective only when recorded in the same county office as the master deed (N.J.S.A. 46:8B-9).
How the vote can run
For board elections and many association votes, New Jersey's Radburn election regulations contemplate written ballots and, where the bylaws permit and a member consents, electronic ballots administered by a neutral third party with voter anonymity preserved (N.J.A.C. 5:26-8.9). Notice generally goes to all members in writing, whether by mail, personal delivery, or electronically, and ballots are typically cast anonymously, tallied publicly, and kept open to member inspection for a period after the vote. A February 2024 Appellate Division decision narrowed parts of these regulations, so the exact ballot and proxy mix can vary and should be confirmed against your current documents.
Before we quote
New Jersey details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful New Jersey vote has to answer.
PREDFDA (N.J.S.A. 45:22A-21 et seq.) governs planned-community HOAs, while the New Jersey Condominium Act (N.J.S.A. 46:8B-1 et seq.) governs condominiums.
New Jersey generally sets no single statutory percentage to amend a recorded declaration or master deed; the recorded document's own method and threshold usually control (N.J.S.A. 46:8B-11).
For bylaws, the 2017 Radburn amendments generally let members amend by a majority of all authorized votes when the bylaws are silent or require more than two-thirds (N.J.S.A. 45:22A-46).
Members can generally trigger a bylaw-amendment vote by petition of roughly 15% of the membership, with the meeting held within about 60 days.
Condominium amendments generally must be recorded in the same county office as the master deed before they take effect (N.J.S.A. 46:8B-9).
Electronic ballots are generally permitted only where the bylaws allow it, the member consents, a neutral third party administers, and anonymity is preserved (N.J.A.C. 5:26-8.9).
Ballots are generally cast anonymously and tallied publicly, and ballots are often kept open to member inspection for a period (commonly cited as 90 days) after the vote.
A February 2024 Appellate Division decision invalidated parts of the Radburn election regulations, so some ballot, proxy, and notice details remain in flux.
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