East Brunswick, NJ HOA Rules: Board Governance (2026)
Key Facts
- Timing
- Association established before the units are sold
- Membership
- Mandatory for each buyer and any successive buyer
- Open space restrictions
- Permanent
- Filing
- Declaration of covenants and restrictions with preliminary approval application
- PURD open space
- Not less than 25% of total land area under § 228-118.6
- Bylaws
- Must describe rights and obligations of each tenant and owner
Summary
In East Brunswick Township, a homeowners association formed to own and maintain a development's common open space must be established before the units are sold, with mandatory membership for every buyer and successive buyer, permanent open space restrictions, and a declaration of covenants and restrictions filed with the application for preliminary approval under § 192-37.
A homeowners association may be established to own and maintain common open space and common property designed within a development. The developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. If established, the organization shall incorporate the following provisions: A. The association shall be established before the units are sold. B. Memberships shall be mandatory for each buyer and any successive buyer. C. Open space restrictions shall be permanent. ... G. The association shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation.
Full Breakdown
Section 192-37 of Chapter 192, Design Guidelines & Standards, is the Township's formation rule for a homeowners association in a development. The association is established to own and maintain common open space and common property designed within the development. The developer files a declaration of covenants and restrictions that will govern the association, submitted with the application for preliminary approval, and if the association is established the organization incorporates the listed provisions.
The provisions are specific. Under subsection A the association is established before the units are sold. Under subsection B memberships are mandatory for each buyer and any successive buyer. Under subsection C open space restrictions are permanent. Subsection D makes the association responsible for liability insurance, local taxes, the maintenance of recreation detention, retention and other facilities and any other obligations it assumes. Subsection G requires the bylaws to clearly describe all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation. Subsections E and F cover assessments and are summarized on the HOA assessment page.
The zoning chapter adds Planning Board oversight for planned unit residential developments. Section 228-118.6 requires not less than twenty-five percent (25%) of the total land area to be designated open space or common recreation lands, with a parcel size of a minimum of five (5) contiguous acres, which does not apply to developments of less than fifteen (15) acres. That open space can be deeded to the Township or dedicated to a homeowners' association or trust whose incorporation and bylaws the Planning Board approves. In no event is title to open space conveyed by the developer before maintenance guaranties are posted. Section 192-4 lets the Planning or Zoning Board waive a Chapter 192 requirement where literal enforcement is impracticable or exacts undue hardship.
Violations & Fines
Section 192-37 prints no fine or penalty of its own. Its force comes from the development approval: the declaration of covenants and restrictions must accompany the preliminary approval application, and under § 192-3 the Planning or Zoning Board's decision on the suitability of a design proposal is conclusive. For planned unit residential open space, § 228-118.6 bars conveying title before maintenance guaranties are posted.
Frequently Asked Questions
When must an HOA be created in an East Brunswick Township development?
Is HOA membership optional for buyers?
What must the HOA bylaws cover?
Who approves the association for planned unit residential open space?
Sources & Official References
Other rules in East Brunswick
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