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New Jersey HOA and condo electronic voting law
Can a homeowners or condominium association in New Jersey hold its vote online? Here is what state law says and what it means for your board.
Yes. State law expressly allows electronic voting
Main law: NJSA 45:22A-45.2, NJAC 5:26-8.9.
Reviewed September 16, 2026. A summary of state law, not legal advice. Each association, and any management company acting for it, is responsible for confirming with its own attorney that a vote complies with state and local law and its governing documents. See our Terms of Service.
The rules at a glance
| Legal status | Allowed by statute |
|---|---|
| Main statute | NJSA 45:22A-45.2, NJAC 5:26-8.9 |
| How electronic voting gets authorized | Board decides, member consents, bylaws permit, neutral third party administers |
| Secret ballot and counting | All ballots anonymous |
| Paper ballot option | Yes, consent based |
| Ballot retention | Open for inspection 90 days |
A state statute speaks to electronic voting for community associations. Read how it gets authorized below: some statutes let the board decide, some require each owner to consent, and some let governing documents opt out.
Which New Jersey rules apply to your association
| Your community | Law that governs the vote | What VoteStead requires |
|---|---|---|
| Homeowner and condominium associations | Allowed by statute NJSA 45:22A-45.2, NJAC 5:26-8.9 | 2 steps the board confirms before a binding vote |
What New Jersey law requires, and what VoteStead does
The board adopted a resolution or rule authorizing electronic voting. NJSA 45:22A-45.2
VoteStead: The board confirms the resolution on the launch checklist before a binding vote opens. Keep the resolution with the association records.
The bylaws permit electronic voting, and each owner voting electronically consents to it. Other owners vote on paper. NJAC 5:26-8.9
VoteStead: The board confirms this step on the launch checklist before a binding vote opens, and the confirmation goes into the audit log.
New Jersey requires a neutral third party to administer electronic voting (NJAC 5:26-8.9). VoteStead runs New Jersey elections as managed elections.
VoteStead: Self-serve elections are off for this state. VoteStead runs the election as the independent administrator.
Ballot records
New Jersey rule: Open for inspection 90 days.
VoteStead keeps the certified result and the audit log, and deletes sealed ballots and voting credentials 1 year after voting closes by default. Ask for a longer hold and we keep them longer. Where your state sets a longer records period, that period applies to the records your association keeps, and the certified result and audit log are what you file.
Before your first online vote in New Jersey
- The board adopted a resolution or rule authorizing electronic voting
- The bylaws permit electronic voting, and each owner voting electronically consents to it. Other owners vote on paper
- Collect owner emails and mobile numbers, and mailing addresses for everyone else
- Choose 3 key holders who are not candidates, not board members up for election and not the managing agent
Built from VoteStead's New Jersey rule pack. A summary, not legal advice. Your association and its attorney confirm what applies to your community.
Running a New Jersey vote with VoteStead
Available now
VoteStead runs New Jersey elections with a rule pack that apply the state's consent, secret ballot and records rules. VoteStead's counsel reviewed it. The launch checklist blocks voting until the board confirms the required steps.
Features New Jersey law turns off or changes
- Homeowner associations: VoteStead runs the election (no self-serve). New Jersey requires a neutral third party to administer electronic voting (NJAC 5:26-8.9). VoteStead runs New Jersey elections as managed elections.
- Homeowner associations: Paper ballots always on. The bylaws permit electronic voting, and each owner voting electronically consents to it. Other owners vote on paper. (NJAC 5:26-8.9) VoteStead prints the paper ballot packets and counts returned ballots with the online ones.
Your responsibility for New Jersey law
Your association, and any management company acting for it, is responsible for confirming that each vote complies with New Jersey law, county and city rules, and your governing documents. This page and the New Jersey rule pack summarize state law as of the reviewed date and do not cover local rules or your own documents. Have your attorney confirm your authority and your notice, quorum and counting rules before a binding vote. VoteStead is not responsible for a vote found invalid because of those determinations. See our Terms of Service.
What every VoteStead election includes
- Ballots sealed on the owner's device and stored with no name attached
- A 2-of-3 key split, so nobody opens ballots before voting closes
- Email and text invitations, plus mailed notices with access codes
- A live turnout board, quorum proxies and automatic reminders to owners who have not voted
- A tracker code so each owner confirms their ballot counted
New Jersey questions
Can an HOA or condo association in New Jersey vote online?
Yes. State law expressly allows electronic voting. How it gets authorized: Board decides, member consents, bylaws permit, neutral third party administers. Main law: NJSA 45:22A-45.2, NJAC 5:26-8.9. Reviewed September 16, 2026. This is a summary, not legal advice.
What are the New Jersey secret ballot and vote counting rules?
New Jersey rule on secrecy and counting: All ballots anonymous. VoteStead seals every ballot on the owner's device and stores it with no name attached.
Do owners in New Jersey keep a paper ballot option?
New Jersey rule: Yes, consent based. VoteStead prints paper ballot packets with a secret ballot envelope, logs each returned envelope and counts paper ballots with the online ones.
How long must a New Jersey association keep ballots?
New Jersey retention rule: Open for inspection 90 days. VoteStead keeps sealed ballots for 1 year after voting closes by default, and a legal hold keeps them longer.
Is VoteStead available for New Jersey associations?
Yes. VoteStead runs New Jersey elections with a rule pack for the state's community association law, reviewed by VoteStead's counsel. Features the state does not allow are turned off. Your association, and any management company acting for it, remains responsible for confirming each vote complies with New Jersey and local law and its governing documents.