New Jersey • Special assessment notice
Special assessment from your New Jersey condo — and can they really skip the owner vote?
New Jersey just rewrote the rules. After a national wave of structural concern, the state made reserve studies, funding, and structural inspections mandatory — and gave boards unusual power to assess for required repairs.
The short answer
New Jersey's 2024 Structural Integrity Law made reserve studies and funding mandatory and lets the board assess or borrow for required load-bearing repairs WITHOUT an owner vote, overriding the bylaws (N.J.S.A. 46:8B-15). Reserve catch-up assessments are also mandated. CondoSignal reads your notice and reserve study against the new law. Free.New Jersey at a glance
Structural-repair assessment
No owner vote
Board can assess or borrow (§ 46:8B-15).
Reserve study
Mandatory
30-yr plan, updated every 5 yrs (since 2024).
Catch-up funding
2–10 years
Overrides contrary bylaws.
Super-lien
6 mo, renewable
Up to 60 months (§ 46:8B-21).
The structural-repair override
Here's the standout New Jersey rule: if a required structural inspection finds that the primary load-bearing system needs corrective maintenance, the board may levy an assessment or take out a loan to fund it WITHOUT owner consent and notwithstanding the bylaws (N.J.S.A. 46:8B-15). For required structural work, the usual owner-approval protections don't apply.
Mandatory reserves and catch-up funding
Since January 8, 2024, associations must commission a professional reserve study with a 30-year funding plan and actually fund it. Associations that were underfunded must catch up — over two years for small gaps, up to ten for larger ones — through annual increases that override contrary bylaws. A 2025 amendment softened 'adequate' to a zero-floor plan and allowed an 85% contribution option, but the catch-up obligation remains.
What to confirm
For a 'covered building' (concrete, masonry, or steel load-bearing system), check whether the structural inspection has been done and what it found, and whether a reserve catch-up is underway. Those two documents tell you whether an assessment is coming and whether it's the kind you can't vote down.
Your rights in New Jersey
New Jersey owners are entitled to the reserve study and the structural-inspection report (residents have a right to the latter), and to a certificate of unpaid assessments within 10 days. But for required structural repairs, the board may assess or borrow without your vote (§ 46:8B-15). None of this is legal advice — confirm against the current statute and New Jersey counsel.
What to check
- For a covered building, confirm the structural inspection is done and read its findings.
- Get the mandatory reserve study and any 30-year funding plan.
- Ask whether a reserve catch-up assessment is underway (2–10 years).
- Understand that required structural repairs can be assessed without a vote.
- Check coastal/flood coverage (RCBAP) and the deductible.
- Get the certificate of unpaid assessments.
Sources
- NJ DCA — Structural Integrity & Reserve Study FAQ (S2760)(High)
- N.J.S.A. 46:8B — Condominium Act (assessments, liens)(High)
- N.J.S.A. 46:8B-21 — association lien priority(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a New Jersey-licensed professional.
FAQ
Frequently asked questions
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