New Jersey associations enforce recorded covenants and architectural standards through their declaration, but PREDFDA's Radburn regulations require associations to make alternative dispute resolution available for housing-related disputes, including covenant and architectural enforcement, as an alternative to litigation before the matter is fought out in court.
Covenant and architectural-control authority comes from the recorded declaration and bylaws, enforceable by the association. Layered on top is a statutory ADR mandate: N.J.S.A. 46:8B-14(k) (condos) and the PREDFDA regulations at N.J.A.C. 5:26-8.3 require associations to "provide a fair and efficient procedure for the resolution of housing-related disputes" that is "readily available as an alternative to litigation." New Jersey courts read "housing-related disputes" broadly to cover disputes "arising directly from the condominium relationship," which includes covenant and architectural enforcement, not just fee collection. The neutral must not be a board officer or an owner involved in the dispute. An owner may report a non-complying association to the Commissioner of Community Affairs, who can order it to provide a fair process.
Covenant and architectural violations are enforced under the declaration (injunctions, compliance orders, fines, attorneys' fees if allowed). Before litigation, the association must make ADR available; failure can be reported to the Commissioner of Community Affairs (N.J.S.A. 46:8B-14(k)).
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