Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

45:22A-13. Cease and desist orders; affirmative action (a) If the agency determines after notice and hearing that a person has: (1) Violated any provision of this act; (2) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertisin…

45:22A-14. Revocation of registration; grounds; cease and desist order in lieu of revocation (a) A registration may be revoked after notice and hearing upon a written finding of fact that the developer has: (1) Failed to comply with the terms of a cease and desist order; (2) Been…

45:22A-15. Penalties for violations Any person who willfully violates any provision of this act or of a rule adopted under it or any person who willfully, in a statement of record filed for registration makes any untrue statement of a material fact or omits to state a material fa…

45:22A-16. Liability to purchaser; remedies of purchaser; liability of persons other than developers (a) Any person who disposes of retirement subdivision or community lands in violation of section 5, or who in disposing of such lands covered by this act makes an untrue statement…

45:22A-17. Disposition of subdivision or community lands subject to act Dispositions of subdivision or community lands are subject to this act if: (a) Such lands offered for disposition are located in this State; or (b) The developer's principal office is located in this State; o…

45:22A-18. Extradition of person charged under this act In the proceedings for extradition of a person charged with a crime under this act, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in …

45:22A-19. Service of process (a) In addition to the methods of service provided for in the rules governing the New Jersey Courts, service may be made by delivering a copy of the process to the office of the agency, but it is not effective unless the plaintiff, which may be the a…

45:22A-2. Definitions For the purposes of this act, the term: (a) "Retirement subdivision" or "subdivision" means any land which is divided or proposed to be divided into 10 or more lots, whether contiguous or not, for the purpose of sale or lease as part of a common promotional …

45:22A-20. Severability of provisions If any provision of this act or the application thereof to any person or circumstances are held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or ap…

45:22A-21. Short title This act shall be known and may be cited as "The Planned Real Estate Development Full Disclosure Act." L.1977, c. 419, s. 1.

45:22A-22. Public policy The Legislature in recognition of the increased popularity of various forms of real estate development in which owners share common facilities, units, parcels, lots, areas, or interests, and taking notice of the underlying complexities of these new and pr…

45:22A-23 Definitions. 3. As used in this act unless the context clearly indicates otherwise: a. "Disposition" means any sales, contract, lease, assignment, or other transaction concerning a planned real estate development. b. "Developer" or "subdivider" means any person who disp…

45:22A-24. Administration of act 4. This act shall be administered by the Division of Housing and Development in the State Department of Community Affairs, hereinafter referred to as the "agency." L.1977,c.419,s.4; amended 1993,c.258,s.9.

45:22A-25 Exemptions. 5. a. Unless the method of disposition is adopted for purposes of evasion, the provision of this act shall not apply to offers or dispositions: (1) By an owner for the owner’s own account in a single or isolated transaction; (2) Wholly for industrial, commer…

45:22A-26. Registration of development; delivery to purchaser of current public offering statement; right to cancel contract after execution; notice; report, copies. 6. a. Unless otherwise exempted: (1) No developer may offer or dispose of any interest in a planned real estate de…

45:22A-27. Application for registration of development 7. a. The application for registration of the development shall be filed as prescribed by the agency's rules and shall contain the following documents and information: (1) An irrevocable appointment of the agency to receive s…

45:22A-28. Public offering statements, requisites 8. a. A public offering statement shall disclose fully and accurately the characteristics of the development and the lots, parcels, units, or interests therein offered, and shall make known to prospective purchasers all unusual or…

45:22A-29. Investigation of application Upon receipt of an application for registration in proper form, the agency shall forthwith initiate an investigation to determine that: a. The developer can convey or cause to be conveyed the units offered for disposition if the purchaser c…

45:22A-3. Administration of act This act shall be administered by the Division of Housing and Urban Renewal, State Department of Community Affairs, which hereinafter is called the agency. L.1969, c. 215, s. 3.

45:22A-30. Registration; notice of filing of application; acceptance or rejection a. Upon receipt of the application for registration in proper form, and accompanied by proper fee, the agency shall, within 10 business days, issue a notice of filing to the applicant. Within 90 day…

45:22A-31. Annual report by developer Within 30 days after each anniversary date of the order registering the development, and while the developer retains any interest therein, he shall file with the agency an annual report reflecting any material changes in information contained…

45:22A-32. Powers of agency a. The agency may: (1) Accept registrations filed in this State, in other states or with the Federal Government; (2) Contract with similar agencies in this State or other jurisdictions to perform investigative functions; (3) Accept grants in aid from a…

45:22A-33. Cease and desist orders; grounds a. If the agency determines after notice and hearing that a person has: (1) Violated any provision of this act; (2) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotion…

45:22A-34. Revocation of registration; grounds; notice and hearing; findings of fact; in lieu cease and desist order a. A registration may be revoked after notice and hearing upon a written finding of fact that the developer has: (1) Failed to comply with the terms of a cease and…

45:22A-35. Rules and regulations; injunctions or temporary restraining orders; intervention in suits by agency a. The agency shall adopt, amend, or repeal such rules and regulations as are reasonably necessary for the enforcement of the provisions of this act in accordance with t…

45:22A-36. Submission to jurisdiction by application; service of process; conduct prohibited by act; authorization of agency to receive service a. For purposes of this act, an application for registration submitted to the agency shall be deemed a submission by the applicant to th…

45:22A-37. Untruth, omission or misleading statement by developer; liability; persons liable; invalidity of agreement by purchaser to waive compliance with act a. Any developer disposing of real property subject to this act, who shall violate any of the provisions of section 6 he…

45:22A-38. Violations; fine; levy and collection a. Any person who violates any provision of this act or of a rule adopted under it or any person who in an application for registration filed for registration makes any untrue statement of a material fact or omits to state a materi…

45:22A-39. Application of act to lands situated in this state The provisions of this act shall apply to lands situated in this State whether promoted or advertised within or without the State. L.1977, c. 419, s. 19.

45:22A-4. Application of act; exemptions Unless the method of disposition is adopted for the purpose of evasion of this act, the provisions of this act do not apply to offers or dispositions of an interest in land by a purchaser of subdivided lands for his own account in a single…

45:22A-40. Severability If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, an…

45:22A-41. Retirement subdivision or community; application of this act Any retirement subdivision or community as defined in the Retirement Community Full Disclosure Act, P.L.1969, c. 215 (C. 45:22A-1 et seq.) shall, after the effective date of this act, be deemed for all purpos…

45:22A-42 Inapplicability of act. 22. The provisions of P.L.1977, c.419 (C.45:22A-21 et seq.), concerning the formation and registration of planned real estate developments, shall not apply to any portion of a planned real estate development which has on the effective date of P.L…

45:22A-43 Organization of association. 1. a. A developer subject to the registration requirements of section 6 of P.L.1977, c.419 (C.45:22A-26) shall organize or cause to be organized an association whose obligation it shall be to manage the common elements and facilities. The as…

45:22A-43.1 Developer, document preparation, preventative maintenance tasks over life of common area components; schedule; timing. 9. The developer shall prepare a document which sets forth the preventative maintenance tasks to be undertaken by the association over the life of th…

45:22A-44. Powers, functions of association 2. a. Subject to the master deed, declaration of covenants and restrictions or other instruments of creation, the association may do all that it is legally entitled to do under the laws applicable to its form of organization. b. The ass…

45:22A-44.1 Lien on each unit until for certain unpaid assessments. 2. a. An association shall have a lien on each unit for any unpaid assessment duly made by the association for a share of common expenses or otherwise, including any other moneys duly owed the association, upon p…

45:22A-44.2 Planned real estate development, association, capital reserve study. 6. a. Any association of a planned real estate development shall undertake and fund a capital reserve study which shall determine or assess the adequacy of the association's capital reserve funds to …

45:22A-44.3 Planned real estate development, association, reserve study, 30-year funding plan, adequate reserve funds. 7. a. An association of a planned real estate development shall obtain a reserve study including a 30-year funding plan in order to ensure that the association h…

45:22A-45 Election of executive board; powers. 3. a. The form of administration of an association organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43) shall provide for the election of an executive board, elected by the association members, and voting-eligible tenants …

45:22A-45.1 Findings, declarations relative to governance of common interest community associations. 1. The Legislature finds and declares that: a. In addition to living under State, county, and municipal government, recent estimates conclude that over one million New Jersey resi…

45:22A-45.2 Executive board elections. 6. a. An association shall hold executive board elections in accordance with the provisions of its governing documents, including validly-adopted executive board rules, that do not conflict with the provisions of this section. If such docume…

45:22A-45.3 Findings, declarations relative to association assessment in planned real estate developments. 1. The Legislature finds and declares that: a. Certain associations have interpreted that the provisions of P.L.2017, c.106 (C.45:22A-45.1 et al.), enacted on July 13, 2017,…

45:22A-45.4 Certain assessments prohibited. 2. a. An association in a community established prior to the effective date of the "Planned Real Estate Development Full Disclosure Act," ("PREDFDA"), P.L.1977, c.419 (C.45:22A-21 et seq.), shall not be permitted to require property own…

45:22A-45a Executive board, assessment payable by owners, loan, reasonable, funding corrective maintenance, primary load bearing system, planned real estate development. 8. a. Notwithstanding the terms of a declaration, master deed, bylaws, or other governing document of an assoc…

45:22A-46 Bylaws; requirements; amendments. 4. The bylaws of the association, which shall initially be recorded with the master deed shall include, in addition to any other lawful provisions, the following: a. A requirement that all meetings of the executive board, except confere…