Quick Answer
N.J.S.A. 45:22A-48.5 (P.L.2023, c.175) says a New Jersey planned real estate development may not adopt or enforce a governing document provision or rule that bars an owner, resident or visitor from parking a law enforcement vehicle in a parking space because it is a law enforcement vehicle, is treated as a commercial vehicle, or has features such as emergency lights. All other parking rules, such as assigned spaces and size limits, still apply. The law took effect November 20, 2023.
At a Glance
What the Law Says
Subsection (a): "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 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."
The same subsection keeps other rules in place: "Individuals parking law enforcement vehicles within planned real estate developments 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."
It also says that "nothing contained in this section shall be construed as prohibiting 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): the Commissioner of Community Affairs enforces the law "in accordance with the authority granted under section 18 of P.L.1977, c.419 (C.45:22A-38)."
How the bill changed before enactment
The introduced bill was framed as a bar on prohibiting "an individual" from parking a law enforcement vehicle in a space "regardless of whether the parking space is designated as a common element, limited common element, deeded to an individual owner, or otherwise," and required non-member operators to have permission from the member or association to use a space. The first reprint, which became law, replaced that text with the version quoted above. Do not rely on descriptions of the earlier text.
What This Means in Practice
For boards
Review any commercial vehicle ban, overnight parking rule, or rule against vehicles with lights or markings. Under the law you cannot enforce it against a vehicle because it is a law enforcement vehicle, is read as commercial, or has emergency lights. You may still enforce assigned parking, size limits and other general parking rules the same way as for any other vehicle.
Our reading: a rule that applies to every vehicle on the same neutral basis, such as a length limit or a rule against parking in a fire lane, remains enforceable. The protected ground is the "law enforcement vehicle" character, not an exemption from all rules.
For owners and residents
If your association cites a commercial vehicle rule against your police or other law enforcement vehicle, the law says that reason is not allowed. If a rule is enforced on the basis of size or an assigned-space conflict, the law says those rules still apply to you.
What the law does not say
The text does not define "law enforcement vehicle," so questions about take-home vehicles, unmarked cars or vehicles of off-duty officers are open. It does not say whether the vehicle must be agency-owned. It does not set a penalty or a complaint process; it names only the Commissioner's enforcement authority. It does not address whether a visitor needs the resident's permission to use a space (the introduced version did; the enacted version does not say so). Ask counsel on these points.
Timeline
Related New Jersey Law
- 45:22A-48.4, electric vehicle charging stations
- 45:22A-48.2, rooftop solar
- 45:22A-48.1, flags and yellow ribbons
- Planned Real Estate Development Full Disclosure Act overview
Board Checklist
- List every parking, commercial vehicle and vehicle appearance rule in the governing documents.
- Remove or stop enforcing any rule that targets a vehicle because it is a law enforcement vehicle.
- Check that no violation notice relies on emergency lights or a commercial vehicle reading for a law enforcement vehicle.
- Keep assigned-space and size rules in place and enforce them the same for every vehicle.
- Train managers and enforcement staff on the change.
- Ask counsel before changing recorded documents.
Frequently Asked Questions
Can an HOA ban police cars from the community?
Not because it is a law enforcement vehicle. The statute bars a planned real estate development from prohibiting an owner, resident or visitor from parking one on that basis.
Can an HOA treat a police vehicle as a commercial vehicle?
No, if the reason is that the vehicle "is interpreted to be a commercial vehicle."
Do emergency lights justify a ban?
No. The law lists "emergency lights" as a characteristic inherent to law enforcement vehicles that cannot be the basis for a prohibition.
Do assigned parking and size rules still apply?
Yes. Individuals parking law enforcement vehicles are in all other respects subject to those rules.
Who enforces the law?
The Commissioner of Community Affairs under 45:22A-38.
When did it take effect?
Immediately on approval, November 20, 2023.
Where This Comes From
We read the enrolled text of P.L.2023, c.175 on the Legislature's session law site and the 2025 Revised Statutes text of 45:22A-48.5 on the Justia mirror. We did not read any court decision or Department of Community Affairs guidance on the law.
How APM Helps
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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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