Quick Answer
New Jersey Senate Bill 146 and its Assembly companion A318 (2026) are proposals, not law. Pre-filed for the 2026 session, they would limit the structural integrity law's covered buildings and reserve rules to residential condominium and cooperative buildings "three stories or more in height," narrow the reserve study to the primary load bearing system, and lengthen reserve catch-up periods.
The version we read says "Introduced Pending Technical Review by Legislative Counsel." It also does not reflect the 85 percent funding option and other changes made by P.L.2025, c.132, so a final bill would likely need to be reconciled with it (our reading). We did not confirm committee action.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | S146 and A318, 222nd Legislature, pre-filed for introduction in the 2026 session; would amend P.L.2023, c.214 |
| Sponsors (as printed) | S146: Senators Holzapfel and Amato. A318: Assemblymen Kanitra and McGuckin |
| Status | Did not become law as far as we found. Later action not confirmed |
| Proposed effective date | "This act shall take effect immediately" |
| Would apply to | Covered buildings and associations of planned real estate developments |
| Remedy or penalty | None stated |
What the Bill Would Do
Three-story threshold
The definition of "covered building" would add that the building "is three stories or more in height." The statement says the bill "limits applicability of the capital reserve study and funding requirements" to condominium and cooperative buildings of that height.
Narrower reserve study
Under the bill, the association covered by the reserve duty would be one "formed for the management of, and obligated to maintain, the common elements and facilities of a covered building within a planned real estate development." The study would assess funds to repair or replace "components of the primary load bearing system of the covered building" instead of all capital assets of the community. Required study contents would likewise be limited to the primary load bearing system, while keeping the 30-year funding plan and the $25,000 exemption.
Longer funding periods
- The "10 fiscal years" catch-up period for an association needing an increase of more than 10 percent would become 20 fiscal years.
- The two-fiscal-year period for an increase of less than 10 percent would become four.
The bill statement says it would "double the timeframe." The bill's stated reason is that the 2023 language "may be interpreted as having imposed requirements to protect against failures of common areas and capital improvements even though they do not impact a building's structural integrity."
Interaction with P.L.2025, c.132
The bill text shows subsections that P.L.2025, c.132 deleted (the 10 percent catch-up rules) as if still law and does not include the 85 percent option. It reads as drafted against the 2023 text. Our reading: it would need to be conformed to the 2025 amendment before enactment; we cannot say how.
What This Means in Practice
Current law still controls
Today the reserve study duty applies to associations of planned real estate developments (with the $25,000 exemption), and the inspection duty applies to covered condominium and cooperative buildings without a height threshold. Nothing in these bills applies unless enacted.
For low-rise communities (our reading)
If enacted as drafted, associations whose buildings are under three stories might fall outside the reserve study requirement. That would be a significant change, so do not drop planning on the strength of a proposal.
Open questions
- Whether the bills have advanced or been amended.
- How the three-story threshold would be measured.
- How the bill would be reconciled with P.L.2025, c.132.
Timeline
| Date | Event |
|---|---|
| January 8, 2024 | P.L.2023, c.214 approved |
| August 21, 2025 | P.L.2025, c.132 approved |
| 2026 session | S146 and A318 pre-filed for introduction (exact introduction dates not confirmed) |
Related New Jersey Law
- P.L.2023, c.214: structural integrity and reserve law
- P.L.2025, c.132: reserve funding amendments
- A5306 (pending): 35-year funding plan option
Board Checklist
- Keep complying with current law while the bills are pending.
- Record the number of stories for each building.
- Ask your reserve specialist how a primary-load-bearing-only study would differ from your current study.
- Track both S146 and A318 on the Legislature's website.
- Do not postpone required inspections or studies in reliance on the proposals.
- Ask counsel how the bills would interact with the 85 percent option.
Frequently Asked Questions
Are S146 and A318 law?
No. We read the pre-filed text and found no evidence of enactment.
What would the three-story rule do?
It would limit "covered building" to condominium and cooperative buildings three stories or more in height.
Would reserve studies cover only structural components?
As drafted, yes: the study would focus on the primary load bearing system of covered buildings rather than all common area capital assets.
Would deadlines change?
The bill would lengthen the catch-up periods from 10 to 20 fiscal years and from two to four fiscal years.
Are S146 and A318 identical?
The operative text and statements we read are the same; sponsors differ.
Do the bills address the 85 percent option?
Not in the text we read.
Where This Comes From
We read the pre-filed texts of S146 and A318 and the enacted P.L.2023, c.214 and P.L.2025, c.132 on the New Jersey Legislature's bill site: S146 as introduced. We did not confirm committee action.
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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed New Jersey attorney before acting.
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