New Jersey's new housing council does not mention condos or HOAs
New Jersey's new housing council does not mention condos or HOAs
2026-09-15 · New Jersey · Regulation · Proposed — not yet introduced
Proposed: New Jersey's governor has built housing-policy machinery that is about to produce recommendations, and nothing in the order creating it mentions community associations.
Governor Mikie Sherrill signed Executive Order No. 17 on April 27, 2026, effective immediately, attested by Chief Counsel Timothy P. Lydon.1
What it created
A Housing Governing Council, convened within 45 days and chaired by the Governor's Office Chief Operating Officer, co-chaired by the DCA Commissioner, the NJEDA Chief Executive Officer, the NJHMFA Executive Director and the NJ Transit Chief Executive Officer, with Law and Public Safety and Treasury also represented.
The reporting obligation on every agency
Within 60 days, every executive department and agency had to report on, among other things, "duplicative, outdated, obsolete, or conflicting rules, regulations, and requirements that slow or hinder housing development" and "proposals for new or updated programs, legislation, or regulations that would streamline housing production, reduce or stabilize costs."
Until an agency complies, it "shall not dispose of property it owns without the approval of the COO."
The deadline
The Council "shall issue its initial recommendations not later than one hundred fifty days following the effective date" — on or about September 24, 2026, roughly a week from now.
The Department of Community Affairs has said those recommendations will be delivered at the Governor's Conference on Housing and Economic Development, September 29-30, 2026 at Harrah's Resort Atlantic City, with the Governor keynoting.
The five priority areas
Housing goals for the administration; tracking and accelerating production, referencing Executive Order No. 5 (2026) and its Cross-Agency Permitting Team; developing agency-owned unutilised, surplus or underutilised property into housing; coordinating funding and financing across agencies; and inventorying and increasing access to existing affordable and workforce units.
Read that list against a community association's concerns and the mismatch is obvious. It is a production agenda. Nothing in it addresses the governance, reserve funding, assessment or insurance pressures that are actually generating complaints from New Jersey owners in 2026.
What the order does not say — and this is the finding
We read Executive Order No. 17 in full. It does not mention condominiums, cooperatives, homeowners associations, common interest communities, master deeds, restrictive covenants or accessory dwelling units anywhere.
Nothing states that associations are within the Council's scope, and nothing should be inferred about its intentions from the housing agenda generally.
The recommendations may never be public
Paragraph 8 of the order makes all resulting reports and recommendations "advisory, consultative, and deliberative… confidential, non-public, and not subject to the Open Public Records Act." Paragraph 10 creates no private right of action.
So even after September 24 there may be no document to read. That is worth stating up front, because it means the absence of published recommendations about associations will not tell anyone whether associations were discussed.
Where an association-relevant outcome could still emerge
One route, and it is in the order's own text: the 60-day agency reports on "duplicative, outdated, obsolete, or conflicting rules, regulations, and requirements that slow or hinder housing development."
DCA's own regulatory estate includes N.J.A.C. 5:26 — the PREDFDA rules, including the Radburn election provisions partly reversed by the Appellate Division in February 2024 and readopted without change in March 2025. A rule partly invalidated by a court and never amended is, on any reading, an obsolete and conflicting requirement.
Whether anyone identified it that way is unknowable, for the reason above.
What the administration has said about associations
Nothing that we found. The June 2026 announcements accompanying the housing agenda — a second NJ HOMES cohort, a housing-credit auction, a reduction in Affordable Housing Trust Fund diversions, rapid re-housing funding — contain nothing on condominiums, associations, deed restrictions or ADUs.
The Governor's one quoted line on process: "We simply cannot afford 10-year studies while housing becomes more and more unaffordable."
The honest summary
A New Jersey board watching for relief on reserve funding or assessments should not be watching this. The Council's remit is housing production; the pending association bills sit in two legislative committees that have not taken them up; and the one agency with jurisdiction over association rules says it does not oversee association compliance.
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