Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

45:22A-46.13 Issuance of resolution memorializing decision; appeal. 11. a. An approving board shall issue a resolution memorializing its decision on an application for a converted development within the time period set forth in subsection g. of section 6 of P.L.1975, c.291 (C.40:…

45:22A-46.14 Preference for occupancy by municipality permitted. 12. Notwithstanding any law, rule or regulation to the contrary, a municipality that has received substantive certification from the council shall be permitted to give preference for occupancy for up to 50 percent o…

45:22A-46.15 Waiver of affirmative marketing requirements under certain circumstances. 13. Under any rental or purchase program implemented to prevent the homelessness of persons who have experienced or may experience the foreclosure and loss of their personal residence, or any p…

45:22A-46.16 Determination of credits granted against fair share obligation. 14. For the purpose of determining credits to be granted against the fair share obligation of a municipality under the requirements of P.L.1985, c.222 (C.52:27D-301 et al.) and the regulations promulgate…

45:22A-46.2 Resale, transfer of dwelling unit, certification of compliance with rules of age-restricted community. 2. Notwithstanding any law or governing document to the contrary, the purchaser or grantee by operation of law of a dwelling unit in an age-restricted community shal…

45:22A-46.3 Findings, declarations relative to affordable housing. 1. The Legislature finds and declares that: a. While the cost of housing in New Jersey has declined under currently eroding economic conditions, the cost of both renting and homeownership remains unaffordable to a…

45:22A-46.4 Definitions relative to affordable housing. 2. As used in P.L.2009, c.82 (C.45:22A-46.3 et seq.): "Affordable" means a sales price or rent which meets the criteria for low income or moderate income housing, as defined in section 4 of P.L.1985, c.222 (C.52:27D-304). "A…

45:22A-46.5 Conditions for change to a converted development. 3. a. During the period of time set forth in section 9 of P.L.2009, c.82 (C.45:22A-46.11), any age-restricted development shall be eligible to be changed to a converted development, pending approving board approval, pr…

45:22A-46.6 Application to change to a converted development. 4. a. A developer seeking to change an age-restricted development approval to a converted development approval shall file an application with the approving board seeking an amendment to the previously granted approvals…

45:22A-46.7 Conformance of unit in converted development to C.52:27D-119 et seq. 5. A unit in a converted development shall conform to all requirements imposed pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.). It shall also conform to …

45:22A-46.8 Revision of layout, site plan permitted. 6. a. In the case of an age-restricted development which is being changed to a converted development, the layout of a subdivision or site plan approved pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et se…

45:22A-46.9 Completed application, decision. 7. a. Within 30 days after the submission of an amended application pursuant to this act, the approving board shall advise the applicant in writing whether the amended application is complete, with completeness to be determined based u…

45:22A-47 Surrender of control to owners. 5. a. Irrespective of the time set for developer control of the association provided in the master deed, declaration of covenants and restrictions, or other instruments of creation, control of the association shall be surrendered to the o…

45:22A-47.1 Developer relinquishing, unit owners accept association control, deliverance of items, certain, applicable. 10. Within 60 days after the conveyance of 75 percent of the lots, parcels, units, or interests, the developer shall relinquish control of the association, and …

45:22A-48. Preparation, distribution of explanatory materials and guidelines 6. The Commissioner of Community Affairs shall cause to be prepared and distributed, for the use and guidance of associations, executive boards and administrators, explanatory materials and guidelines to…

45:22A-48.1. Homeowners' association prohibited from limiting, prohibiting display of U.S. flag, yellow ribbons, signs in support of troops 2. a. A homeowners' association formed to manage the elements of property owned in common by all members of a community, whether it be an as…

45:22A-48.2 Solar collectors on certain roofs, homeowners association authority limited. 1. a. An association formed for the management of commonly-owned elements and facilities, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), shall not adop…

45:22A-48.3 Posting on Internet of information relative to disability accommodation rights for residents of certain communities. 1. The Division on Civil Rights in the Department of Law and Public Safety, in consultation with the Department of Community Affairs, shall post inform…

45:22A-48.4 Electric vehicle charging stations in common interest communities. 1. a. (1) An association formed for the management of common elements and facilities of a planned real estate development, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:…

45:22A-48.5 Law enforcement vehicles, parking, planned real estate developments. 1. a. No planned real estate development shall adopt or enforce a provision of the governing documents or rule that prohibits an owner, resident, or visitor from parking a law enforcement vehicle at …

45:22A-49. Definitions 1. As used in sections 2 though 8 of this act: "Agency" means the Division of Housing and Development in the Department of Community Affairs. "Proprietary campground facility" means any real property designed and used for the purpose of camping and associat…

45:22A-5. Necessity of registration; public offering statement Unless the retirement subdivisions or community lands or the transaction is exempt by section 4: (a) No person may offer or dispose of any lot or unit in any retirement subdivision or community located in this State, …

45:22A-50. Discharge of duties of association, corporation 2. The association or corporation responsible for the administration of a proprietary campground facility shall discharge its duties in accordance with the application for registration, public offering statement and bylaw…

45:22A-51. Compliance with lawful requirements; violations, penalties 3. All unit owners and proprietary lessees in a proprietary campground facility shall comply with all lawful requirements set forth in the master deed or certificate of incorporation, bylaws and public offering…

45:22A-52. Adoption of minimum health and safety standards; inspection program 4. The agency shall adopt, after consultation with the State Commissioner of Health and the Public Health Council and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 …

45:22A-53. Noncompliance; penalties 5. Any person, including any individual, corporation or association, who shall fail to comply with the requirements of this act shall be subject to the issuance by the agency of a cease and desist order under section 13 of P.L.1977, c.419 (C.45…

45:22A-54. Application for hearing 6. Any person aggrieved by any order issued by the agency under this act shall be entitled to a hearing before the Commissioner of Community Affairs pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The applic…

45:22A-55. Enforcement of standards 7. The agency may delegate authority to enforce the minimum health and safety standards established under section 4 of this act to municipal and county governments. Such enforcement shall be subject to the supervision and control of the agency …

45:22A-56. Agreements with school district 8. Nothing in this act shall be construed as precluding any unit owner, proprietary lessee or other occupant in a proprietary campground facility, who does not have a residence in the school district in which the proprietary campground f…

45:22A-6. Registration; filing; contents; fee (a) A retirement subdivision or community may be registered by filing with the agency, a statement of record containing the following documents and information: (1) An irrevocable appointment of the agency to receive service of any la…

45:22A-7. Public offering statement; form and contents (a) A public offering statement shall disclose fully and accurately the physical characteristics of the retirement subdivision or community lands offered and shall make known to prospective purchasers all unusual and material…

45:22A-8. Determinations by agency upon receipt of statement of record Upon receipt of a statement of record in proper form, the agency shall forthwith initiate an examination to determine that: (a) The developer can convey or cause to be conveyed the interest in subdivided lands…

45:22A-9. Notice of filing; approval or rejection of registration (a) Upon filing of the statement of record in proper form, the agency shall issue a notice of filing to the applicant. Within 10 days from the date of the notice of filing, the agency shall enter an order registeri…