New Jersey Covenant & Architectural Enforcement and Mandatory ADR

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)).