New Jersey HOA Election Rules

New Jersey HOA election rules come from a three-part framework: a 2017 election law (P.L. 2017, c.106), regulations from the Department of Community Affairs (DCA), and the governing documents of each association. 

The rules apply to condominiums, homeowners associations, and co-ops in planned real estate developments. Boards new to elections can start with the basics of HOA board voting rules.

What specific voting procedures does the New Jersey Planned Real Estate Development Full Disclosure Act require for HOA board elections?

The Planned Real Estate Development Full Disclosure Act, known as PREDFDA, requires a developer to organize an association and makes every owner a member (N.J.S.A. 45:22A-43). The election procedures came from P.L. 2017, c.106, which added election rules to the Act. Key requirements include:

• Good standing: Members in good standing may nominate and vote. Owners on payment plans or disputing charges through alternative dispute resolution keep their vote.
• Nominations: A call for nominations goes out before the election notice, and the nomination window is at least 14 days.
• Notice: Election notice must go out 14 to 60 days before the meeting.
• Ballots: Candidates are listed alphabetically.
• Terms: Board terms cannot exceed four years.

 

 

One premise to correct: the statute itself does not contain a secret-ballot mandate. The anonymous-ballot rule comes from DCA regulations, N.J.A.C. 5:26-8.9, which say ballots must be cast anonymously and remain open to member inspection for 90 days after the election.

An Appellate Division ruling in 2024 upheld that rule while striking down other parts of the regulations (Day Pitney summary). Boards should keep election records, including notices, nominations, ballots, and tallies, to show compliance during an audit or dispute.

Condo election rules also draw on the Condominium Act and the association’s bylaws.

What recourse do homeowners have under New Jersey statutes if they suspect their HOA violated election rules, such as improper ballot counting or notice failures?

Owners have two paths:

1. The DCA’s Bureau of Homeowner Protection handles complaints under its regulations, with notice and an opportunity to cure; to get relief for an upcoming election, a complaint must be received at least 10 business days before it.
2. Owners can also go to court. DCA’s own FAQ describes its authority more narrowly, limiting it to alternative dispute resolution, open meetings, and accounting records (DCA FAQ), so owners should confirm current DCA procedures before relying on it.

Gather minutes, notice and mailing dates, nomination materials, and ballot records. Court remedies can include a new election or injunctive relief, depending on the facts, and an attorney can advise on forum and deadlines.

How does New Jersey law handle proxy voting limits and quorum requirements during contested HOA board elections?

New Jersey does not set a fixed statutory quorum percentage for HOAs or condos. The statute requires the bylaws to state the quorum and voting percentages, and the Condominium Act likewise leaves quorum to the bylaws (N.J.S.A. 46:8B-13). 

If the bylaws are silent and the association is a nonprofit corporation, the Nonprofit Corporation Act default is a majority of the votes entitled to be cast at the meeting (N.J.S.A. 15A:5-9).

We did not find a statutory cap on the number of proxies one person may hold.

What the law does require is that a proxy carry a prominent notice that it is voluntary and revocable before the holder votes, and that absentee ballots are available; an association may not use proxies for board elections without making absentee ballots available.

If your bylaws cap proxies, follow them. If quorum or proxy irregularities are raised after the election, the DCA complaint process and the courts are the usual pathways.

Are there special rules or procedures for absentee or proxy voting in HOA elections?

Yes. Under the 2017 law, proxies require the notices described above, absentee ballots must be available when proxies are used, and associations cannot prevent voting by electronic means where the board chooses to use it and the member consents.

DCA’s regulations add detailed election procedures. The 2024 court decision struck down the regulation that required both proxy and absentee ballots, because the statute says proxy “or” absentee.

What about new HOA laws in 2026? We found pending proposals, such as Assembly Bill 1138, which would require independent election committees and allow mail, in-person, and electronic voting, but we could not confirm that any became law, so check the legislature’s website.

Boards should review their bylaws now so they can adopt changes without a scramble. Learn more about HOA electronic voting platform considerations.

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New Jersey’s notice and record rules reward boards that track every step. 

HOA Start’s HOA software gives your board one place to run online voting for board elections and member polls, send notices to every owner, schedule meetings and keep minutes in Boardroom, and keep voting records organized for the next cycle. 

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Frequently Asked Questions

Does New Jersey require secret ballots?

• DCA regulations (N.J.A.C. 5:26-8.9) require ballots to be cast anonymously and to remain open to member inspection for 90 days after the election.
• The statute itself does not contain a secret-ballot mandate, so the rule comes from the regulations.
• An Appellate Division ruling in 2024 upheld the anonymous-ballot rule while striking down other parts of the regulations.
• Boards should keep ballots and tallies at least through the inspection period.

How much notice is required for an election?

• Election notice must go out 14 to 60 days before the meeting under the 2017 law.
• A call for nominations goes out before the election notice, and the nomination window is at least 14 days.
• Candidates are listed alphabetically on the ballot, and board terms cannot exceed four years.
• Keep proof of every notice and nomination request in case compliance is questioned.

What is the quorum?

• New Jersey does not set a fixed statutory quorum percentage for HOAs or condos.
• The statute requires the bylaws to state the quorum and voting percentages, and the Condominium Act likewise leaves quorum to the bylaws.
• If the bylaws are silent and the association is a nonprofit corporation, the default is a majority of the votes entitled to be cast at the meeting.
• Review your bylaws before every election so you know exactly what number you need.

Can a person hold unlimited proxies?

• No statutory cap was found, but your bylaws may set one, and if they do you should follow it.
• A proxy must carry a prominent notice that it is voluntary and revocable before the holder votes.
• An association may not use proxies for board elections without making absentee ballots available.
• If quorum or proxy irregularities are raised after the election, the DCA complaint process and the courts are the usual pathways.

Can we vote electronically?

• Yes. Associations cannot prevent voting by electronic means where the board chooses to use it and the member consents.
• DCA’s regulations add detailed election procedures, so confirm your platform fits them, including the anonymous-ballot requirement.
• Pending proposals, such as Assembly Bill 1138, would require independent election committees and allow mail, in-person, and electronic voting, but we could not confirm that any became law.
• Review your bylaws now so you can adopt changes without a scramble.

Who do I complain to?

• DCA’s Bureau of Homeowner Protection handles complaints under its regulations, with notice and an opportunity to cure.
• To get relief for an upcoming election, a complaint must be received at least 10 business days before it.
• DCA’s own FAQ describes its authority more narrowly, limiting it to alternative dispute resolution, open meetings, and accounting records, so confirm current procedures before relying on it.
• Owners can also go to court, where remedies can include a new election or injunctive relief depending on the facts.

Disclaimer: This article is for general educational purposes and is not legal advice. HOA election rules vary by state and by governing documents, so consult your association’s attorney before relying on any statute or procedure.