New Jersey Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under N.J.S.A. 46:8B-14(a), the association is responsible for the maintenance, repair, replacement, cleaning, and sanitation of the common elements, and those costs are common expenses shared by all owners. The Act lists items that are common elements, including structural and bearing parts, main walls, roofs, halls, and central utility installations (N.J.S.A. 46:8B-3). Limited common elements are common elements reserved for one or more specific units. The Act does not spell out a default split for the inside of a unit, so the master deed and bylaws usually decide who repairs what inside the unit and who pays for limited common elements.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

The Act does not set default boundary rules like walls-in or finished surfaces. Instead, N.J.S.A. 46:8B-9 requires the master deed to identify each unit and describe the common elements and limited common elements. Check your master deed and its plans to see exactly where your unit ends and the common elements begin.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• The association maintains, repairs, and replaces the common elements as a common expense (N.J.S.A. 46:8B-14(a)).
• The association must insure the common elements and all structural portions of the property against fire and other broad-form casualties (N.J.S.A. 46:8B-14(d)).
• Associations must offer a fair and efficient dispute resolution procedure as an alternative to litigation (N.J.S.A. 46:8B-14(k)).
• Owners and buyers can request a certificate of unpaid assessments, due within 10 days (N.J.S.A. 46:8B-21(d)).
• Association liens can have limited priority over a first mortgage for up to six months of customary assessments (N.J.S.A. 46:8B-21(b)).
• Covered buildings need an initial structural inspection within 15 years of the certificate of occupancy, then follow-up inspections at intervals set by the engineer (N.J.S.A. 52:27D-132.4).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in New Jersey

Insurance and deductibles

N.J.S.A. 46:8B-14(d) requires the association to carry insurance against fire and other casualties normally covered by broad-form policies, covering all common elements and all structural portions of the property. Section 46:8B-14(e) requires liability insurance for accidents in the common elements. The master deed or bylaws may allow the association to charge an owner for insurance coverage that applies to that owner's unit. Owners may buy their own coverage. The Act does not set a statewide rule for who pays the master policy deductible, so check your bylaws and rules.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a New Jersey condo

New Jersey's Condominium Act does not require a full resale certificate package like some states do. Any owner, or a buyer before a voluntary sale closes, can ask the association for a certificate of unpaid assessments, which must be provided within 10 days (N.J.S.A. 46:8B-21(d)). If the board has chosen to fund reserves at 85 percent of its plan, the seller must give the buyer the latest owner notice before the contract is signed. Buyers usually get the master deed, bylaws, budget, and reserve study through the contract process, so ask for them early.

Frequently Asked Questions

Who pays for repairs to common elements in a New Jersey condo?

The association does. N.J.S.A. 46:8B-14(a) makes the association responsible for maintenance, repair, and replacement of the common elements, and the cost is a common expense shared by all owners. Your master deed decides which parts of the building are common elements, limited common elements, or part of your unit, so read it before assuming who pays.

Does my New Jersey condo building need a structural inspection?

It depends on how it is built. The 2024 law covers residential condo and co-op buildings whose main load-bearing system is concrete, masonry, steel, or a hybrid. Wood-frame buildings are generally excluded. Covered buildings need a first inspection within 15 years of the certificate of occupancy, sooner if there is observable damage, and later inspections at least every five years.

How often must a New Jersey condo association do a reserve study?

At least once every five years. The study must include a 30-year funding plan and be performed or overseen by a credentialed reserve specialist or a licensed engineer or architect. This applies to condo associations generally, even if the building is not a covered building under the structural inspection law.

How do I resolve a repair dispute with my New Jersey condo board?

Start with the association's internal process. N.J.S.A. 46:8B-14(k) requires associations to offer a fair and efficient dispute resolution procedure as an alternative to court, with a neutral person who is not a board member or officer. If the association does not offer one, an owner may notify the Commissioner of Community Affairs.