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How does the 30-year funding plan work?

The study sets out a 30-year plan of contributions under which the reserve fund's lowest balance is zero, so repairs are paid without a special assessment. The association funds to that plan, or another plan in the study. An association that existed on January 8, 2024 may fund at 85 percent of a plan for up to five fiscal years, with a bold notice to owners.

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The plan the statute asks for

Since P.L.2025, c.132, the required plan runs 30 years and allows the reserve fund to reach a lowest balance of zero, never less. Firms may add plans with a higher minimum balance, which cost more each year but leave a cushion against surprises. The board chooses which plan to fund.

The 85 percent option

An association that existed when the 2024 law began may instead contribute 85 percent of one of the study's plans. Three conditions come with it:

  • Before adopting the budget, the board sends owners a notice in 20-point bold type saying it chose the 85 percent route, the year a special assessment or loan is expected, and the expected amount.
  • A seller hands the buyer a copy of the most recent notice before a purchase contract is signed.
  • The option cannot be used for more than five fiscal years after the amendment took effect.

What the original law said

The 2024 version told associations to close any gap with equal annual increases over as many as ten fiscal years, or two if the increase was under 10 percent of the prior year's assessments. The 2025 amendment deleted those rules, so older articles describing a ten-year phase-in no longer reflect the law. The DCA FAQ predates the change.

From N.J.S.A. 45:22A-44.3 as amended by P.L.2025, c.132, and P.L.2023, c.214, read November 6, 2026. Not legal advice; check with the association's attorney.

Short answers

Can we still levy a special assessment?

Yes. Reserves are meant to cover repairs without one, but the law still allows a special assessment or loan, and the board may adopt one for corrective maintenance after getting a written report from a licensed engineer or architect.

When does the five-year limit on the 85 percent option run from?

The statute says the option may not be used for more than five fiscal years after the 2025 amendment took effect on August 21, 2025. Ask the association's attorney how that maps onto your fiscal year.

Do new associations get the 85 percent option?

No. Associations formed after January 8, 2024 fund according to one of the plans in their most recent study.

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