June 2024

MASTER DEEDS, DECLARATIONS, AND BYLAWS: OH MY! A Guide to Community Association Governance in New Jersey By John S. Prisco, Esq., EBP Becker

L iving in a community association offers an array of benefits – well-maintained common areas, a sense of community, and shared amenities. However, a smooth-running community association relies on a strong foundation built upon a clear and documented frame work called the “governing documents.” This framework, however, can be complex and downright overwhelming at times. The governing documents, which are generally voluminous and difficult to understand, encompass a range of individual documents, each playing a specific role in governing the community. The three core documents — the master deed, declara tion of covenants and restrictions, and bylaws – provide the essential structure. Additionally, rules and regula tions established by the board of directors or trustees, translate the broader principles of the declaration,

master deed, and bylaws into more specific, actionable guidelines for everyday living. A community association wouldn’t be complete in New Jersey without a Public Offering Statement – a hefty marketing document that developers are required to register with the New Jersey Department of Community Affairs. Understanding what these documents are and the dis tinctions between them is crucial for residents, tenants, and association managers. Residents and their tenants can ensure they are in compliance with the governing framework, avoiding the imposition of fines, and associ ation managers can effectively enforce the rules and nav igate any issues that may arise, confident in their under standing of the governing framework. By adhering to a well-defined structure and maintaining a public record of these critical documents, community associations in New CONTINUES ON PAGE 16

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JUNE 2024