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Howell, NJ HOA Rules: Board Governance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Who forms the association
The PRC applicant, under § 188-86J
Membership
All residents of the PRC
Age restriction
Occupancy limited to persons 55 years of age and older
Open space reserved
At least 50% over 200 acres, at least 30% under 200 acres
PRC center size
Minimum 15 square feet per dwelling unit
Maximum fine
$1,500 per violation, each day separate

Summary

In Howell Township, every Planned Retirement Community must have a homeowners' association established by the applicant under § 188-86J. The association consists of all residents and owns and maintains the roadway, recreation facilities, security, internal transportation and open space, and each contract of sale must carry notice of that duty.

Management and maintenance. ... Within the PRC, the applicant shall establish a homeowners' association. ... Management of roadway, recreation facilities, security, internal transportation and open space shall be owned and maintained by a homeowners' association consisting of all residents. Notification of this provision is to be included in the contract of sale for each dwelling unit. ... Covenants or other legal arrangements, including homeowners' associations, shall specify ownership of the area; method of maintenance, responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Township Planning Board; and any other specifications deemed necessary by the Planning Board.

Full Breakdown

The PRC District was added by Ord. No. O-02-7 on 3-18-2002 to enable a residential retirement community for active seniors, defined as adults of 55 years of age or older. The permitted principal use is age-restricted single-family detached dwellings for owner occupancy, together with required recreational uses, at least one of each: a clubhouse and physical fitness room, an Olympic size swimming pool, a tennis court and a shuffleboard court.

Under § 188-86J the applicant sets up the homeowners' association. Management of roadway, recreation facilities, security, internal transportation and open space is owned and maintained by an association consisting of all residents. The association owns and is responsible for the maintenance, repair and reconstruction of all buildings and lands owned by the residents of the community in common, and those lands include, at a minimum, all recreational areas, open space and drainage facilities required by the Township Planning Board. Section 188-86K(1)(d) repeats that all open space and recreation areas are owned in common by the residents of the PRC and managed by the association.

The legal arrangements must satisfy the Planning Board Attorney. Under § 188-86K(3), covenants or other legal arrangements, including homeowners' associations, shall specify ownership of the area, method of maintenance, responsibility for maintenance, maintenance taxes and insurance, compulsory membership and compulsory assessment provisions, and guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Township Planning Board.

Scale and timing are tied to the association's property. Projects over 200 acres reserve at least 50% of the overall tract for unimproved open space, and projects under 200 acres reserve at least 30%. The PRC center, which can include homeowners' association management offices, needs a minimum of 15 square feet per dwelling unit, and it must be constructed, issued a certificate of occupancy and functional before a certificate of occupancy issues for more than 25% of the dwelling units.

Violations & Fines

Approval of a PRC is conditioned on the applicant submitting deed restrictions to the approving board attorney under § 188-86I. Violations of Chapter 188 carry a fine of not more than $1,500, imprisonment of not more than 90 days, or both under § 188-171B, and each day is a separate violation. The Land Use Officer, Construction Official, Zoning Inspector and Code Enforcement Officer enforce the chapter under § 188-169.

Frequently Asked Questions

Who has to create the homeowners' association in a Howell PRC?
The applicant. Section 188-86J says that within the PRC the applicant shall establish a homeowners' association, and that notification of the association's management duties is to be included in the contract of sale for each dwelling unit. Membership then consists of all residents of the community.
What does the association own and maintain?
It owns and is responsible for the maintenance, repair and reconstruction of all buildings and lands owned by the residents in common. At a minimum those lands include recreational areas, open space and drainage facilities required by the Township Planning Board. It also manages the roadway, recreation facilities, security and internal transportation.
Can a PRC association be dissolved?
Not on its own decision. Section 188-86K(3) calls for covenants that guarantee any association formed to own and maintain the open space will not be dissolved without the consent of the Township Planning Board. The covenants must also address compulsory membership, compulsory assessment, and maintenance taxes and insurance.
Does this rule cover every Howell neighborhood with an association?
No. This page covers the PRC District in § 188-86 only, a zone for age-restricted housing for residents 55 years of age and older. Other zone sections of Chapter 188 print their own association language, so the section for the zone in question controls.

Sources & Official References

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