Title 46, Title 46: PROPERTY

46:8A-13. Merger no bar to reconstitution The merger provided for in section 12 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of this act. L.1963, c. 168, s. 13.

46:8A-14. By-laws; inserting or appending to master deed The administration of every property constituted into a horizontal property regime shall be governed by by-laws which shall be inserted in or appended to and recorded with the master deed. L.1963, c. 168, s. 14.

46:8A-15. Necessary contents of by-laws; modification of system; recordation The bylaws must necessarily provide for at least the following: (a) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, a…

46:8A-16. Books of receipts and expenditures; availability for examination The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep books with a detailed account, in chronological order, of the receipts and expenditure…

46:8A-17. Council of co-owners; access to apartments The council of co-owners shall have the irrevocable right, to be exercised by the administrator, or the board of administration, or other form of administration specified in the by-laws, to have access to each apartment from ti…

46:8A-18. Contributions for payment of expenses of administration and maintenance The coowners of the apartments are bound to contribute pro rata toward (a) the expenses of administration, of furnishing services and of maintenance and repair of the exterior of each building and o…

46:8A-19. Compliance with by-laws; damages or injunctive relief for noncompliance Each co-owner shall comply strictly with the by-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and …

46:8A-2. Definitions Unless it is plainly evident from the context that a different meaning is intended, as used herein: (a) "Apartment" means an enclosed space consisting of one or more rooms occupying all or part of a floor or floors in a building of one or more floors or stori…

46:8A-20. Liens for labor or materials (a) Subsequent to recording the master deed as provided in this act, and while the property remains subject to this act, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be cre…

46:8A-21. Priority of liens Upon the sale or conveyance of an apartment, all unpaid assessments against a co-owner for his pro rata share in the expenses to which section 18 refers shall first be paid out of the sales price or by the acquirer in preference over any other assessme…

46:8A-22. Joint and several liability of purchaser and seller for payment of assessments; purchaser's recovery; statement of amount due by seller The purchaser of an apartment shall be jointly and severally liable with the seller for the amounts owing by the latter under section …

46:8A-23. Insuring building and common elements against risks The coowners, as such, or the administrator, or the board of administration, or other form of administration specified in the bylaws, shall insure all buildings and the general and limited common elements against risk,…

46:8A-24. Application of insurance proceeds to reconstruction; pro rata distribution in certain cases; rules governing reconstruction In case of fire or any other disaster the insurance indemnity shall, except as provided in the next succeeding paragraph of this section, be appli…

46:8A-25. Building costs in excess of insurance proceeds Where any building is not insured or where the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the coowners directly affected by the damage, in proportion…

46:8A-26. Taxes, assessments and charges; valuation of apartments; exemptions or deductions All property taxes, assessments and other charges of any taxing district shall be assessed against and collected on each individual apartment, each of which shall be carried on the tax boo…

46:8A-27. Incorporation Nothing herein contained shall prohibit any council of co-owners from incorporating pursuant to the provisions of Title 14 of the Revised Statutes for the purpose of the administration of the building constituted into a horizontal property regime. In the e…

46:8A-28. Partial invalidity If any provision of this act is held invalid such invalidity shall not affect other provisions hereof, and to this end the provisions of this act are declared to be severable. L.1963, c. 168, s. 28.

46:8A-3. Horizontal property regimes; mergers Whenever a sole owner or the coowners of a building expressly declare, through the recordation of a master deed, which shall set forth the particulars enumerated in section 9, their desire to submit their property to the regime establ…

46:8A-3.1. Organization of two or more regimes as nonprofit corporation; application of act Where the coowners of the apartments in two or more regimes, which together constitute a single community, are organized into a single entity, such as, but not limited to, a corporation fo…

46:8A-4. Status of apartments within horizontal property regime Once the property is submitted to the horizontal property regime, an apartment in the regime may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of jur…

46:8A-5. Joint tenancies; tenancies in common; tenancies by the entirety Any apartment may be held and owned by more than one person as joint tenants, as tenants in common, as tenants by the entirety or in any other real estate tenancy relationship recognized under the laws of th…

46:8A-6. Ownership of apartments; of common elements; value In each regime an apartment owner shall have the exclusive ownership of his apartment and shall have a proportionate undivided interest in the general common elements, equivalent to the percentage of the aggregate value …

46:8A-7. Indivisibility of common elements The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of the co-ownership. Any covenant to the contrary shall be void. L.1963, c. 168, s. 7.

46:8A-8. Use of elements held in common Each co-owner may use the elements held in common in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners. L.1963, c. 168, s. 8.

46:8A-9. Recordation of master deed; matters to be set forth in deed The master deed creating and establishing the horizontal property regime shall be executed by the owner or owners of the property making up the regime and shall be recorded in the office of the county recording …