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Perth Amboy, NJ HOA Rules: Assessment & Dues (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Perth Amboy City Code § 430-129(H)
Association fee for affordable unit
100 percent of the market rate fee
Where it must appear
The Master Deed
Ownership carrying-cost cap
28 percent of eligible monthly household income
Mortgage assumption in the price test
Loan equal to 95 percent of purchase price
Penalty (§ 430-109)
Up to $1,000 fine, 30 days in jail, or both

Summary

In the City of Perth Amboy, the Master Deed for any affordable housing unit in a condominium or homeowner's association must set that unit's association fee at 100 percent of the market rate fee. City Code § 430-129 also counts association fees inside the 28 percent carrying-cost cap on initial prices.

(7) The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed twenty-eight (28%) of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented. ... H. Condominium and homeowners association fees. (1) For any affordable housing unit that is part of a condominium association and/or homeowner's association, the Master Deed shall reflect that the association fee assessed for each affordable housing unit shall be established at one hundred percent (100%) of the market rate fee.

Full Breakdown

Section 430-129 of the Perth Amboy City Code, Administration of affordable units, sits in Article XVII, Affordable Housing, of Chapter 430. Its subsection H is titled Condominium and homeowners association fees. For any affordable housing unit that is part of a condominium association or a homeowner's association, the Master Deed must reflect that the association fee assessed for the affordable unit is established at one hundred percent of the market rate fee. The rule is about the assessment charged to the affordable unit: it is set at the same level as the market rate fee, not at a discount.

The same section links association fees to price. The initial purchase price for all restricted ownership units must be calculated so that the monthly carrying cost of the unit does not exceed 28 percent of the eligible monthly income of the appropriate size household, as determined under N.J.A.C. 5:80-26.4. The carrying cost printed in the code includes principal and interest, based on a mortgage loan equal to 95 percent of the purchase price and the Federal Reserve H.15 rate of interest, plus taxes, homeowner and private mortgage insurance, and condominium or homeowner association fees. Because the association fee is fixed at 100 percent of the market rate and counts toward that 28 percent ceiling, a higher association fee leaves less room in the price. The price is also subject to the affordability average requirement of N.J.A.C. 5:80-26.3.

After the first sale the section lets the price of owner-occupied very-low-, low- and moderate-income units increase annually based on the percentage increase in the regional median income limit for each housing region, and the maximum resale price set by the administrative agent cannot be lower than the last recorded purchase price.

Violations & Fines

Chapter 430 violations are a misdemeanor under § 430-109. On conviction the fine is not more than $1,000, or imprisonment of not more than 30 days, or both, plus costs, and each day of a continuing violation is a separate offense. Owners, builders, agents and other persons who participate can each be charged. Affordable units in qualifying developments are also covered by Chapter 432, where written notice must be corrected within 30 days or fines run up to $2,000 a day.

Frequently Asked Questions

How much can an association charge an affordable unit in the City of Perth Amboy?
Section 430-129(H) requires the Master Deed to reflect that the association fee assessed for each affordable housing unit is established at one hundred percent of the market rate fee. The affordable unit pays the same fee level as the market rate unit, with no discount.
Do association fees count toward the affordable price cap?
Yes. The initial purchase price for restricted ownership units is calculated so that the monthly carrying cost, which includes condominium or homeowner association fees along with principal, interest, taxes and insurance, does not exceed 28 percent of the eligible monthly income of the appropriate size household.
Where must the fee level be recorded?
The Master Deed must reflect it. For any affordable housing unit that is part of a condominium association or homeowner's association, the deed language sets the association fee at one hundred percent of the market rate fee under § 430-129(H)(1).
Does the resale price of an affordable ownership unit rise each year?
The price of owner-occupied very-low-, low- and moderate-income units can increase annually based on the percentage increase in the regional median income limit for each housing region. The maximum resale price set by the administrative agent cannot be lower than the last recorded purchase price.

Sources & Official References

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