Stafford Township, NJ HOA Rules: CC&R Enforcement (2026)

Section 130-59 governs homeowners' associations formed to own and maintain common open space and common property in a development. Subsection A requires that membership and member responsibilities be put in writing in a covenant between the organization and each member, each agreeing to liability for a pro rata share of the organization's costs. That covenant is a private instrument between the association and its members. The Township's own enforcement tool in this section is the maintenance remedy in Subsection E.

The association's articles, covenants, bylaws and model deeds must state that if the association fails to maintain the common open space or common property in reasonable order and condition, the Township can serve written notice on the association or the owners setting out the failure. The notice demands a cure within 35 days and sets a hearing date within 15 days of the notice. At the hearing the designated Township body or officer can modify the deficiencies and give a reasonable extension of time, not to exceed 65 days. If the work is still not done, the Township can enter and maintain the land for one year. Entry vests no public right to use the space unless the owners voluntarily dedicate it.

Before the year ends, the Township calls a public hearing on 15 days' written notice to the association and the owners, to decide whether maintenance continues for a succeeding year. Its decision is a final administrative decision subject to judicial review. Under Subsection F, the cost is assessed pro rata against the properties within the development, by assessed value at the time of imposition of the lien, and becomes a lien and tax collected with interest like other taxes. Section 130-61H repeats the 35-day and 15-day steps when a nonmunicipal organization fails to maintain open space, with the Mayor and Council or Administrator acting.