Title 39 of the New Jersey revised statutes allows for semi-public and private roads within condominiums and homeowners associations to be turned over to the local municipality for enforcement of police powers. What does this mean for your association? It means that the streets within a community association, even if they are still owned and controlled by the association, may obtain the benefit of police enforcement of municipal traffic and parking rules. For example, the police will enforce parking violations and ensure that parking is only allowed in designated parking areas. Furthermore, the police will enforce stop signs and speed limits. The general speed limits will be limited to 25 mph in all residential areas. Handicapped parking regulations will be strictly enforced by the police and traffic signs and street lighting will also be enforced. Title 39 infers a financial benefit to community associations as the association will no longer need to attempt to fine or enforce traffic and parking regulations within its boundaries. However, once the streets have been turned over to the municipality under Title 39, the association is no longer able to enforce its own rules and regulations on the streets. Therefore, there is a trade-off and the association's governing board should review this matter with its counsel before making a decision to seek application of Title 39 to the community's streets.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
