New Jersey P.L.2023, c.175 (45:22A-48.5): HOA Law Enforcement Vehicle Parking Rule

Quick Answer

P.L.2023, c.175 (Assembly No. 4488, first reprint), codified at N.J.S.A. 45:22A-48.5, was approved November 20, 2023 and took effect immediately. It says no planned real estate development "shall adopt or enforce a provision of the governing documents or rule" that bars an owner, resident or visitor from parking a law enforcement vehicle "because it is a law enforcement vehicle." Ordinary parking rules, such as assigned spaces and vehicle size limits, still apply.

At a Glance

What the Law Says

Subsection a. is a single paragraph with three working parts.

• The bar. No planned real estate development "shall adopt or enforce a provision of the governing documents or rule that prohibits an owner, resident, or visitor from parking a law enforcement vehicle at a parking space" for any of three reasons: "because it is a law enforcement vehicle, is interpreted to be a commercial vehicle, or based on law enforcement vehicle characteristics inherent to said vehicles, such as emergency lights."
• What still applies. People parking law enforcement vehicles "are in all other respects subject to the rules and regulations and governing documents regarding parking of vehicles, including, without limitation, those relating to assigned parking and vehicle size requirements."
• Officers on duty. The section does not prohibit "a law enforcement officer from parking within a planned real estate development as is necessary in an emergency or to conduct the duties of a law enforcement officer as permitted by law."

Subsection b. directs the Commissioner of Community Affairs to enforce the act under the authority in N.J.S.A. 45:22A-38.

Drafting history visible in the reprint

The first reprint struck a longer introduced version. That version would have applied to an association "regardless of whether organized pursuant to section 1 of P.L.1993, c.30," addressed parking spaces designated as common elements, limited common elements or deeded spaces, and required permission from the member or association when the vehicle operator was a non-member. Those passages are bracketed out and are not in the enacted text.

What This Means in Practice

For boards

• A rule that bans commercial vehicles cannot be applied to a law enforcement vehicle on the ground that it "is interpreted to be a commercial vehicle."
• A rule banning vehicles with emergency lights, or vehicles with markings or equipment inherent to police cars, cannot be enforced against a law enforcement vehicle for that reason.
• Generally applicable rules still work. The text names assigned parking and vehicle size requirements as examples. Our reading: a rule that treats all vehicles the same way, such as a height limit or a visitor-space time limit, is not barred, but a rule that targets law enforcement vehicles is.

For owners and residents

The protection runs to owners, residents and visitors. It does not turn a law enforcement vehicle into an exception from all parking rules. An officer who lives in the community still parks in the assigned space and within size limits.

What the law does not say

• It does not define "law enforcement vehicle." Open question: whether a take-home unmarked car or a personal vehicle with emergency equipment counts. Confirm with counsel.
• It does not state a penalty amount or a private right of action. Enforcement is by the Commissioner.
• It does not say whether existing rules are automatically void. It says an association shall not "adopt or enforce" a covered provision. Our reading: a board should stop enforcing such a rule against law enforcement vehicles and revise the rule.
• The reprint is the session law as enacted. We did not confirm whether later amendments exist.

Timeline

Related New Jersey Law

• N.J.S.A. 45:22A-48.4, EV charging stations, another owner-use section with Commissioner enforcement
• N.J.S.A. 45:22A-48.1, flags and yellow ribbons
• N.J.S.A. 45:22A-43, association organization and membership
• New Jersey HOA laws and regulations, our state overview

Board Checklist

• Read the parking rules for language about commercial vehicles, emergency lights, markings or equipment.
• Confirm that no rule is applied to a vehicle because it is a law enforcement vehicle.
• Keep assigned-parking and size rules neutral and applied equally to all vehicles.
• Train managers and towing contractors on the new limit before a tow is authorized.
• Ask counsel to review any commercial-vehicle definition in the governing documents.
• Keep a record of the basis for any enforcement action involving such a vehicle.

Frequently Asked Questions

Can an HOA ban police cars?

Not because they are police cars. The statute bars a rule that prohibits parking a law enforcement vehicle because it is one, is read as a commercial vehicle, or has inherent characteristics such as emergency lights.

Can an HOA still enforce assigned parking?

Yes. The text says those parking law enforcement vehicles remain subject to rules on "assigned parking and vehicle size requirements."

Does this cover condominiums?

The text applies to "planned real estate development[s]," and the act supplements the 1993 association statute. Whether a given condominium qualifies depends on its status under that law; confirm with counsel.

Who enforces the law?

The Commissioner of Community Affairs, under N.J.S.A. 45:22A-38.

Does it let officers park anywhere?

No. It preserves an officer's ability to park as necessary "in an emergency or to conduct the duties of a law enforcement officer as permitted by law."

Is there a fine?

The act states no fine amount.

Where This Comes From

We read the chaptered text of P.L.2023, c.175 (A4488, first reprint) on the New Jersey Legislature's session-law site, pub.njleg.gov. We did not read the codified section or any later amendment.

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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.