New Jersey § 45:22a-43

§ 45:22a-43.

a. A developer subject to the registration requirements of section 6 of P.L.1977, c.

419 ( C.45:22A-26 ) shall organize or cause to be organized an association whose obligation it shall

be to manage the common elements and facilities. The association shall be formed on or before the filing of the master deed or declaration

of covenants and restrictions, and may be formed as a for-profit or nonprofit corporation,

unincorporated association, or any other form permitted by law. The application of P.L.1993, c. 30 ( C.45:22A-43 et seq. ) to the association of an existing planned real estate development shall not be limited

by: (1) whether the developer has been subject to, or exempted from, the registration

requirements of section 6 of P.L.1977, c. 419 ( C.45:22A-26 ); or (2) the development's date of establishment. b. Nothing in subsection a. of this section shall be construed to require the registration

of a planned real estate development that is not otherwise required to register pursuant

to section 6 of P.L.1977, c. 419 ( C.45:22A-26 ). c. Membership in the association of a planned real estate development shall be comprised

of each owner within the planned real estate development, and may include the developer

if the development contains unsold lots, parcels, units, or interests. An association may permit tenant participation in executive board elections, tenant

membership in the association, or both. A voting-eligible tenant shall have only the same voting rights as the owner of

the unit that the tenant leases, and such voting rights shall be in place of and not

in addition to the rights of the owner of the leased unit, except as permitted under

paragraph (9) of subsection c. of section 6 of P.L.2017, c. 106 ( C.45:22A-45.2 ). Pursuant to paragraph (9) of subsection c. of section 6 of P.L.2017, c. 106 ( C.45:22A-45.2 ), the votes associated with a unit shall not be altered by the participation of voting-eligible

tenants.