Title 39: New Jersey’s Municipal Services and Ownership of a Common Interest Community’s Roads

The application of Title 39 to a common interest community’s roads does not make those roads public. Quite the contrary. The entire purpose of N.J.S.A. 39:5A-1 is to allow for the application of motor vehicle laws to the interior of a community, even though the roads therein remain private. Once Title 39 is applied, local police can issue parking tickets, speeding tickets, careless driving tickets, etc., and enforce them via the local municipal courts. The common interest community, through its board, management or rules, no longer needs to carry that burden. In fact, according to current law, a community, once Title 39 is applied, is prohibited from enforcing any rules and regulations in place that relate to parking, speeding, manner of driving, etc. Throughout all of this effort and time, the roads and streets remain private.

In the end, it is important that common interest community associations, their boards and management note that New Jersey’s motor vehicle laws and those benefits afforded by New Jersey’s Municipal Services Act are applicable to communities and their private roads and streets.