New Jersey N.J.S.A. 46:8B-13 and 14: Condo Bylaws, Open Meetings and Dispute Resolution

Quick Answer

N.J.S.A. 46:8B-13 says what a New Jersey condominium's bylaws must cover, including open board meetings, and 46:8B-14 lists what the association is responsible for, including insurance, accounting records and a dispute resolution procedure. Board meetings are open to all unit owners except conference sessions and four closed-session subjects. Subsection 14(k) requires "a fair and efficient procedure" for housing-related disputes that is "readily available as an alternative to litigation."

At a Glance

What the Law Says

What the bylaws must provide (46:8B-13)

The bylaws are recorded with the master deed and must provide for:

• (a) The form of administration, with officer and board titles and the "powers, duties and manner of selection, removal and compensation, if any, of officers and board members."
• (b) How owner meetings are called, the percentage of owners or voting rights needed to decide, and quorum. Bylaws may allow waiver of notice or action "by written agreement without meetings."
• (c) How common expenses are collected and how common surplus is distributed or applied.
• (d) How the bylaws are amended, with no amendment effective until recorded in the same office as the existing bylaws. The bylaws may also provide for "reasonable administrative rules and regulations, including the imposition of fines and late fees which may be enforced as a lien" under section 46:8B-21.

Open meetings and minutes

If the bylaws put association powers in an elected governing board, "all meetings of that governing board, except conference or working sessions at which no binding votes are to be taken, shall be open to attendance by all unit owners." Adequate notice must be given in the manner the bylaws prescribe. The board may exclude or restrict attendance at meetings, or portions, dealing with:

• "any matter the disclosure of which would constitute an unwarranted invasion of individual privacy";
• "any pending or anticipated litigation or contract negotiations";
• attorney-client privileged matters, "to the extent that confidentiality is required";
• "any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee."

At each open meeting, minutes must be taken and "copies of those minutes shall be made available to all unit owners before the next open meeting."

Association duties (46:8B-14)

The association, "acting through its officers or governing board," must perform these duties, the costs of which are common expenses:

• (a) Maintenance, repair, replacement, cleaning and sanitation of the common elements.
• (b) Assessing and collecting common expenses and paying them.
• (c) Adopting, distributing, amending and enforcing rules, "including but not limited to the imposition of reasonable fines, assessments and late fees upon unit owners, if authorized by the master deed or bylaws, subject to the right of a majority of unit owners to change any such rules."
• (d) Broad-form fire and extended coverage insurance on all common elements and structural portions.
• (e) Liability insurance for accidents in the common elements and defense of related actions.
• (g) Accounting records "in accordance with generally accepted accounting principles, open to inspection at reasonable times by unit owners," including receipts and expenditures and a per-unit account.
• (j) Exercising powers "in a manner that protects and furthers or is not inconsistent with the health, safety and general welfare of the residents of the community."

Dispute resolution (46:8B-14(k))

An association "shall provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners." It must be "readily available as an alternative to litigation." A person "other than an officer of the association, a member of the governing board or a unit owner involved in the dispute shall be made available to resolve the dispute." An owner "may notify the Commissioner of Community Affairs if an association does not comply," and the commissioner can order the association to provide the procedure.

State guidelines (46:8B-13.1)

The Commissioner of Community Affairs is to prepare and distribute "explanatory materials and guidelines" for associations and administrators, which "may include the text of model bylaw provisions."

What This Means in Practice

For boards

Plan agendas so that any discussion of litigation, personnel, privacy or privileged advice is a clearly labeled closed portion, and keep votes in open session. The statute does not say a closed-session vote is prohibited, but the open-meeting rule covers meetings "at which binding votes are to be taken" other than conference sessions. Our reading: take formal actions in the open portion and ask counsel about edge cases.

Build a written dispute procedure with a neutral decision-maker who is not an officer, board member or owner involved. The fine rule in 46:8B-15 points to this procedure, so having it ready before the first fine matters.

For owners

You can ask to inspect accounting records at reasonable times and to receive minutes of open meetings before the next open meeting. If the association has no dispute procedure, you may notify the Commissioner of Community Affairs.

Open questions

The statute does not set a meeting notice period (it defers to the bylaws), does not define "reasonable times" for record inspection, and does not say who decides disputes about whether a closed-session topic fits one of the four categories. The same section also does not state whether the subsection 14(k) neutral person must be an outside professional or may be a volunteer owner committee, only that the person must not be an officer, board member or involved owner.

Note too that other New Jersey rules on meetings and minutes may apply to your community, including Department of Community Affairs rules under the Planned Real Estate Development Full Disclosure Act. See our page on the 2020 governance rules.

Timeline

Related New Jersey Law

• 46:8B-15, powers, fines and resale fees
• 46:8B-21, assessment liens
• Condominium Act overview
• DCA governance rules (N.J.A.C. 5:26-8)

Board Checklist

• Confirm the bylaws cover each item in 46:8B-13(a) through (d).
• Give owners notice of board meetings as the bylaws prescribe, and keep a record of it.
• Limit closed sessions to the four statutory categories and label them on the agenda.
• Make minutes of open meetings available before the next open meeting.
• Maintain GAAP accounting records and a per-unit account, open to owner inspection.
• Review casualty and liability insurance against 46:8B-14(d) and (e).
• Adopt a written dispute resolution procedure with a neutral decision-maker.
• Record every bylaw amendment before treating it as effective.

Frequently Asked Questions

Are condo board meetings open to owners in New Jersey?

Yes, if powers are exercised through an elected governing board, meetings are open to all unit owners except conference or working sessions with no binding votes, and portions on privacy, litigation or contract negotiations, privileged matters, or specific employee matters.

Do owners get copies of meeting minutes?

Under 46:8B-13(a), copies of minutes of open meetings must be made available to all unit owners before the next open meeting.

Does the association have to offer dispute resolution?

Yes. Section 46:8B-14(k) requires a fair and efficient procedure readily available as an alternative to litigation, with a decision-maker who is not an officer, board member or involved owner.

What can an owner do if there is no procedure?

Notify the Commissioner of Community Affairs, who has the power to order the association to provide one.

Can the board impose fines under this section?

Section 46:8B-14(c) lists the adoption and enforcement of rules, including reasonable fines, assessments and late fees, "if authorized by the master deed or bylaws." Owners holding a majority can change those rules. The fine ceiling and notice rules are in 46:8B-15 (see our page on that section).

Can owners inspect the association's books?

Yes. Records must be "open to inspection at reasonable times by unit owners" (46:8B-14(g)).

Where This Comes From

We read the 2025 Revised Statutes text of N.J.S.A. 46:8B-13, 46:8B-13.1 and 46:8B-14 on the Justia mirror of the Revised Statutes. We did not read the Department of Community Affairs guidelines under 46:8B-13.1 or any court decision applying these sections.

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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.