New Jersey's 40th Legislative District

Senator Kevin O'Toole

Senator Kevin O'Toole

Senate Passes O’Toole Bill to Support Residents of Homeowner Associations

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Legislation sponsored by Senator Kevin O’Toole (R-Bergen, Essex, Morris, Passaic) to give more rights to residents of common interest communities, like homeowner associations, was passed by the New Jersey Senate.

Sen. Kevin O’Toole’s bill protects the voting rights of people who live in common interest communities. (©iStock)

“Residents of these communities deserve to have a voice,” Senator O’Toole said. “Boards that are supposed to represent the interests of homeowners should be run by rules similar to those of an elected government.”

More than 1.3 million people live in 6,700 New Jersey communities overseen by homeowner associations. Association executive boards make unilateral decisions regarding cost of assessments, as well as the maintenance and use of common areas in the community.

The legislation, S-2492, protects resident voting participation rights for association members and voting eligible tenants in common interest communities. The bills addresses issues such as required notices for executive board elections, allocation of association voting rights and association members’ ability to amend a community’s bylaws.

“These association boards make decisions with little to no oversight that can have significant impacts on the lives of the people that live in the community,” Senator O’Toole said. “If residents have to pay an association fee on top of state and local taxes, they should have a say in how that community is run.”

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