Legal Question in Real Estate Law in New Jersey

Re: homeowners association

A real property owner may be bound by restrictions on the use of their property, even where those restrictions are not explicitly recited in the deed in which the property was conveyed to the current owner. This is not infrequent in communities governed by Home Owners' Associations. The restrictions may be set forth in the master site plan, for example.

You do not indicate the specific circumstances involved in your purchase of this property. If a real property disclosure form was provided by your seller, presumably it contained information disclosing the existence of the HOA.

I would also speculate, from the contents of your inquiry, that you were actually aware of the existence of the HOA when you purchased your property, but after some time, have some objections to particular actions taken by the HOA (e.g. assessments, etc.)

The HOA is governed by its bylaws and there may be other documentation relevant to whether you can effectively protest an action taken or anticipated by the HOA which affects your property.

In sum, the simple answer to your question is, "Yes, a Home Owners' Association can impose legal obligations upon members of the community." However, whether an action of the HOA (e.g. an increase in an assessment, for example, or whether the HOA is using its budget correctly) is something you can challenge effectively can only be determined by a consultation with an attorney, who would then need to get all the relevant details and documentation. Your attorney can help you understand your rights and options under the law, and you can go forward from there.

If you would like to consult with me about the possibility of retaining me as your attorney, please contact me at:

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Re: homeowners association

I concur with Alan. Your title search should have disclosed the existance of the HOA, presuming that some documentation has been recorded on the existance of the organization and the restrictions imposed on homeowners effected thereby. Governance is by By-Laws and a copy should be made available to you. Many HOAs allow for fines for violations of the restrictions and limitations that all homeowners agree to follow. Dues and assessments are also usually provided for in the By-Laws. You alswo may have made a contribution to the Association at the time of your closing, or, if the dues are annual, had some adjustment or proration at the closing. If you feel these restrictions are too onerous, there should be a procedure for amendment of the By-Laws, that must be followed.