New Jersey rewrote manufactured-home purchase rights — and cut a PREDFDA hole
New Jersey rewrote manufactured-home purchase rights — and cut a PREDFDA hole
2026-09-15 · New Jersey · Legislation
New Jersey deliberately removed the words "homeowners' association" from its manufactured-home purchase-opportunity law, and in the process wrote a new exemption into PREDFDA.
A4973, second reprint, was signed January 20, 2026 as P.L.2025, c.362. It amends and supplements P.L.1991, c.483 (N.J.S.A. 46:8C-10 et seq.), adds new sections at C.46:8C-12.1 to 12.3, 13.1 and 14.1, amends N.J.S.A. 45:22A-25, and repeals N.J.S.A. 46:8C-15 through 46:8C-18.1
It is effective immediately and does not apply to sales for which a written agreement, letter of intent or other contractual commitment existed on the effective date.
The PREDFDA carve-out
This is the provision that matters outside the manufactured-home world. A new N.J.S.A. 45:22A-25(a)(11) provides that PREDFDA does not apply to a disposition "of a private residential leasehold community to a resident homeowner group or its assignee pursuant to P.L.1991, c.483… whether or not the form of ownership… would otherwise fall within the definition of planned real estate development."
That is the only substantive amendment to N.J.S.A. 45:22A-* enacted in 2025 or 2026 outside the reserve sections.
"Resident homeowner group" replaces "homeowners' association"
The new term means "any organization, group, or association, formal or informal, including a corporation or cooperative, that consists of and is governed by resident homeowners… and is open to all resident homeowners." It may be formed after the notice issues, and may designate an agent.
The approval threshold drops from two-thirds to 51 percent of resident homeowners, "with multiple resident owners of a home having a single vote," and consent may be shown "by signing a petition or any other document that so indicates consent."
The windows, all lengthened
The offer-for-sale contract window goes from 45 to 120 days. A re-offer at the same or a lower price goes from 10 to 30 days. Where more than three months have elapsed, 30 to 60 days. On a bona fide third-party offer, the landowner's report period goes from 30 to 120 days, and the landowner "shall not conclude any agreement to sell the land until after the… 120-day period."
The statute also fixes contract terms: "a reasonable financing contingency of at least 90 days," and at the landowner's option "a refundable earnest money requirement of up to $50,000."
Notice, expanded substantially
Certified mail return receipt to DCA, the municipal clerk and the mayor or chief executive, every nonprofit on a new DCA-maintained public list of affordable-housing nonprofits — which DCA must update within 90 days of a request — and every resident homeowner, the last also by first-class mail with tracking and by delivery to each manufactured home.
The notice must state residents' rights and deadlines and the price and terms or a copy of the offer. On a bundled sale it must state both the aggregate price and the price of that community. The residents' negotiating committee grows from three to up to seven representatives, plus counsel.
The enforcement is the sharpest part
New C.46:8C-14.1 lets any resident homeowner or the Attorney General sue in Superior Court. Relief includes "declaratory and injunctive relief, voiding of the sale of the land, actual damages, and punitive damages," and the court "shall award reasonable attorney fees if the resident homeowners prevail."
A violation "shall constitute an unlawful practice" under the Consumer Fraud Act, N.J.S.A. 56:8-2, with all its remedies and penalties.
And a new anti-evasion test at C.46:8C-13.1: an exempt transaction must "be in good faith," be "made for a legitimate business purpose or a legitimate familial purpose," and "not be made for the primary purpose of avoiding the opportunity-to-purchase provisions."
Why a condominium or HOA reader should care
Be precise about the limits first: this governs manufactured-home and leasehold communities, not condominiums or fee-simple homeowners associations. A "private residential leasehold community" means no fewer than ten home sites under common ownership, leased to home owners, where the landowner supplies municipal-type services — streets, street lighting, garbage removal, snow removal, surface-water drainage.
Two things nonetheless carry across.
The first is the PREDFDA exemption itself. Where residents buy their community and hold it in a cooperative or corporate form that would otherwise be a planned real estate development, the PREDFDA registration and disclosure framework — including its election and governance provisions — does not attach. New Jersey has created a class of resident-owned community that is outside the association statute by design.
The second is what the drafting says about legislative intent. The Legislature looked at a statute that required residents to form a "homeowners' association" with a two-thirds vote, concluded that requirement was an obstacle, and replaced it with an informal group and a simple majority. That is a judgment about the burden of association formalities, made by the same Legislature that has thirty-five association-governance bills sitting unheard.
The companion rent cap
Separately, P.L.2025, c.85 — A3361, third reprint, signed July 1, 2025 — caps manufactured-home lot rent increases at three and one half percent over any 12-month period, with sections 1 through 3 inoperative until March 1, 2026. "Rent" includes lot fees, licence fees, tax surcharges passed through "and any other special expenses." Some coverage reports the figure as 3 percent; the enacted number is 3.5.
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