Written By William Paige, Certified Foreclosure Specialist at The Waterfront Project

Before purchasing a home with Homeowners Association (HOA) dues, it is critical to understand both the benefits and the potential financial risks. HOAs are common in condominiums, co-ops, townhouses, and planned communities, and membership is mandatory when you buy a property governed by an HOA.

As a HUD Certified Housing Counseling Agency, we frequently work with first-time homebuyers, current homeowners, and seniors who are affected by HOA fees. The information below will help you make an informed decision before purchasingโ€”or continuing to liveโ€”in an HOA community.


What Is a Homeowners Association?

A Homeowners Association (HOA) is an organization that governs a residential community. When you purchase a property in an HOA-governed development, you automatically become a member and are required to:

ยท Pay monthly or annual HOA dues

ยท Follow the communityโ€™s rules and regulations (often called CC&Rsโ€”Covenants, Conditions, and Restrictions)

HOA dues are separate from property taxes and are used to fund the associationโ€™s operating budget, maintenance, insurance, and shared amenities. HOAs are typically managed by a board of directors elected by homeowners, who make decisions about budgets, repairs, rules enforcement, and long-term planning.

Types of HOA Communities and How Fees Differ

Condominiums and Co-ops

In condominiums and cooperative buildings, HOA or association fees are usually higher because they often cover:

ยท Exterior and structural maintenance (roof, siding, windows)

ยท Common areas (hallways, elevators, lobbies)

ยท Amenities (gyms, pools, security)

ยท Trash removal

ยท Building insurance

ยท Sometimes water, sewer, or heat

In these properties, homeowners generally own only the interior of their unit, from the drywall inward.

According to Zillow (2025), average monthly HOA dues in New Jersey range from $400 to $700, with luxury buildings exceeding $1,000 per month.


Planned Unit Developments (PUDs)

Planned Unit Developments (PUDs) may include townhouses or single-family homes and operate under specialized zoning rules.

In most PUDs:

ยท You own your home, the land, and all attached structures

ยท HOA fees are typically lower

ยท Fees usually cover shared amenities such as parks, pools, playgrounds, sidewalks, or common landscaping

Homeowners are fully responsible for:

ยท Roof and structural repairs

ยท HVAC systems

ยท Interior and exterior maintenance

ยท Yard upkeep (unless otherwise stated)

While PUDs may offer more independence, they can still have strict rules regarding property appearance, parking, landscaping, trash disposal, and use of common areas.

HOA Rules and Restrictions

HOAs enforce rules that may include:

ยท Noise restrictions

ยท Limits on renting or subleasing

ยท Parking regulations and vehicle limits

ยท Lawn maintenance and landscaping requirements

ยท Exterior paint colors and renovations

ยท Pool and recreational area usage

ยท Trash and bulk item disposal

All rules are outlined in the HOAโ€™s governing documents and are legally enforceable.


Special Assessments: A Major Financial Risk

In addition to regular dues, HOAs may impose special assessments when reserve funds are insufficient for major or unexpected expenses, such as:

ยท Roof replacement

ยท Structural repairs

ยท Storm or emergency damage

These one-time fees can cost homeowners thousands of dollars and are often unexpected. Reviewing an HOAโ€™s financial statements and reserve funding is essential before purchasing.

Legal Consequences of Not Paying HOA Fees

HOA dues are a mandatory contractual obligation. Failure to pay can result in serious legal consequences, including:

ยท Late fees and interest

ยท Suspension of amenities

ยท Lawsuits to collect the debt

ยท Liens placed on your property

ยท Difficulty selling or refinancing

ยท Foreclosure to recover unpaid dues

ยท Wage garnishment or bank levies in some cases

In New Jersey, HOAs have strong enforcement powers to collect unpaid fees.


Impact on First-Time Homebuyers

HOA dues significantly affect affordability:

ยท Lenders include HOA fees in your debt-to-income (DTI) ratio

ยท Higher fees can reduce your borrowing power

ยท Monthly housing costs increase beyond mortgage, taxes, and insurance

First-time buyers should carefully review:

ยท CC&Rs and bylaws

ยท HOA meeting minutes

ยท Financial statements and reserve funds

ยท Management company performance

ยท What utilities or services are included in the dues

Seniors Living in HOA Communities

For many seniors, HOA fees become increasingly difficult over time. While HOAs may offer convenience and maintenance-free living, rising dues and special assessments can create serious financial strain.

Many seniors live on fixed incomes such as Social Security or pensions, which do not increase at the same pace as HOA costs. This can result in:

ยท Financial hardship

ยท Paying for amenities no longer used

ยท Being โ€œhouse-rich but cash-poorโ€

ยท Feeling trapped in an unaffordable home

Seniors may qualify for a reverse mortgage in an HOA community, but they must remain current on:

ยท HOA dues

ยท Property taxes

ยท Homeowners insurance

Failure to pay these obligationsโ€”even with a reverse mortgageโ€”can still lead to foreclosure. Additionally, the HOA community itself must meet eligibility requirements.


Know Before You Buyโ€”or Stay

New Jersey law, including the Planned Real Estate Development Full Disclosure Act (PREDFDA), requires HOAs to plan for future repairs, but poor management can still place homeowners at risk.

You cannot refuse to join an HOA when purchasing a property in an HOA-governed community. Understanding the rules, costs, and long-term financial impact is essential.

Get Trusted, HUD-Certified Guidance

Whether you are a first-time homebuyer, a senior homeowner, or currently living in a condo, co-op, townhouse, or single-family HOA community, professional counseling can help you make informed decisions.

The Waterfront Project, Inc. a HUD Certified Housing Counseling Agency serving Hudson County, New Jersey – we can help you.

About

The Waterfront Project, Inc.

A Free Legal Center Founded in Hudson County, New Jersey since 2013.

WFP has provided free legal services and housing counseling to low-income families and individuals across the county.

Thanks to our generous supporters and donors, our attorneys, counselors, and advocates work every day to prevent evictions, stop foreclosures, and protect housing rights – at no cost to our clients.

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