Title 46, Title 46: PROPERTY

46:8B-12.1. Members of governing board; elections; written approval of actions by developer; control by board; delivery of items a. When unit owners other than the developer own 25% or more of the units in a condominium that will be operated ultimately by an association, the unit…

46:8B-12.2. Management, employment, service or maintenance contract or contract for equipment or materials; 2 year limitation; termination Any management, employment, service or maintenance contract or contract for the supply of equipment or material which is directly or indirect…

46:8B-13. Bylaws 13. The administration and management of the condominium and condominium property and the actions of the association shall be governed by bylaws which shall initially be recorded with the master deed and shall provide, in addition to any other lawful provisions, …

46:8B-13.1. Explanatory materials, guidelines for condominium associations, administrators The Commissioner of Community Affairs shall cause to be prepared and distributed, for the use and guidance of condominium associations and administrators, explanatory materials and guidelin…

46:8B-14. Responsibilities of association 14. The association, acting through its officers or governing board, shall be responsible for the performance of the following duties, the costs of which shall be common expenses: (a) The maintenance, repair, replacement, cleaning and san…

46:8B-15 Powers of association. 15. Subject to the provisions of the master deed, the bylaws, rules and regulations and the provisions of this act or other applicable law, the association shall have the following powers: (a) Whether or not incorporated, the association shall be a…

46:8B-16. Authority, rights of unit owner 16. (a) No unit owner, except as an officer of the association, shall have any authority to act for or bind the association. An association, however, may assert tort claims concerning the common elements and facilities of the development …

46:8B-17. Common expenses The common expenses shall be charged to unit owners according to the percentage of their respective undivided interests in the common elements as set forth in the master deed and amendments thereto, or in such other proportions as may be provided in the …

46:8B-18. Prohibited work There shall be no material alteration of or substantial addition to the common elements except as authorized by the master deed. No unit owner shall contract for or perform any maintenance, repair, replacement, removal, alteration or modification of the …

46:8B-19. Taxes, assessments and charges; valuation of units; exemptions or deductions All property taxes, special assessments and other charges imposed by any taxing authority shall be separately assessed against and collected on each unit as a single parcel, and not on the cond…

46:8B-2. Saving clause This act shall not be construed to amend or repeal the act entitled "An act concerning interests in real property and providing for the creation and regulation of horizontal property regimes," approved December 16, 1963 (P.L.1963, c. 168). Said act shall co…

46:8B-20. Liens for labor or materials (a) Except as otherwise provided in section 23, 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 condominium property as a wh…

46:8B-21 Liens in favor of association; priority. 21. a. The 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 proper notice to …

46:8B-22. Effect of sheriff's sale 22. Effect of sheriff's sale. (a) A unit may be sold by the sheriff on execution, free of any claim, not a lien of record, for common expenses or other assessments by the association, but any funds derived from such sale remaining after satisfac…

46:8B-23. Blanket mortgage Notwithstanding any other provision of this act, if the master deed or by-laws so permit, the entire condominium property, or some or all of the units included therein (together with the undivided interests in common elements and limited common elements…

46:8B-24. Fire or other casualty (a) Damage to or destruction of any improvements on the condominium property or any part thereof or to a common element or elements or any part thereof covered by insurance required to be maintained by the association shall be repaired and restore…

46:8B-25. Eminent domain If all or any part of the common elements shall be taken, injured or destroyed by eminent domain, each unit owner shall be entitled to notice of such taking and to participate through the association in the proceedings incident thereto. Any damages shall …

46:8B-26. Condominium termination Any condominium property may be removed from the provisions of this act by agreement of unit owners of units to which at least 80% of the votes in the association are allocated, or any larger percentage that the master deed or any amendment there…

46:8B-27. Effect of deed of revocation Upon the recording of such deed of revocation, the unit owners as of the date of recording of such deed shall become tenants-in-common of the property unless otherwise provided in the master deed or deed of revocation, each such unit owner s…

46:8B-28. Resubmission The removal of any property from the provisions of this act shall not bar the resubmission of the property to the provisions of this act in the manner herein provided. L.1969, c. 257, s. 28, eff. Jan. 7, 1970.

46:8B-29. Zoning All laws, ordinances and regulations concerning planning, subdivision or zoning, shall be construed and applied with reference to the nature and use of the condominium without regard to the form of ownership. No law, ordinance or regulation shall establish any re…

46:8B-3. Definitions The following words and phrases as used in this act shall have the meanings set forth in this section unless the context clearly indicates otherwise: a. "Assigns" means any person to whom rights of a unit owner have been validly transferred by lease, mortgage…

46:8B-30. Partial invalidity If any provision of this act in 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.1969, c. 257, s. 30, eff. Jan. 7, 1970.

46:8B-31. Legislative findings and declarations The Legislature finds and declares that many leases involving use of parking, recreational or other common facilities or areas by residents of condominiums were entered into by parties wholly representative of the interests of a con…

46:8B-32. Unconscionability of leases; rebuttable presumption; elements of lease There is hereby established a rebuttable presumption of unconscionability with respect to leases involving condominium property, including, but not limited to, leases concerning the use by condominiu…

46:8B-33. Severability If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to…

46:8B-34. Selling price; inclusion of statement of membership fees The developer shall separately state in the selling price of a unit in a condominium the full membership fee in the condominium association and all recreational membership fees. L.1979, c. 297, s. 4, eff. Jan. 17,…

46:8B-35. Lease of parking, recreational or other common facility or area for over 20 years; option to renew or purchase When any parking, recreational or other common facility or area has been leased for the use of the unit owners of a condominium for 20 years or more, the condo…

46:8B-36. Master deeds or bylaws of association; rebuttable presumption of unconscionability There is hereby established a rebuttable presumption of unconscionability with respect to provisions of master deeds or association bylaws recorded prior to the effective date of this act…

46:8B-37. Application of act The provisions of this act shall not apply to any lease involving the use of parking, recreational or other common facilities or areas at a condominium project where such parking, recreational or other common facilities have been fully completed and i…

46:8B-38. Right of first refusal clause in contract for sale of condominium, master deed or association bylaws; applicability to state or any political subdivision No contract for the sale of a condominium unit executed on or after the effective date of this amendatory and supple…

46:8B-4. Status of units Each unit shall constitute a separate parcel of real property which may be dealt with by the owner thereof in the same manner as is otherwise permitted by law for any other parcel of real property. L.1969, c. 257, s. 4, eff. Jan. 7, 1970.

46:8B-5. Types of ownership Any unit may be held and owned by one or more persons in any form of ownership, real estate tenancy or relationship recognized under the laws of this State. L.1969, c. 257, s. 5, eff. Jan. 7, 1970.

46:8B-6. Common elements The proportionate undivided interest in the common elements assigned to each unit shall be inseparable from such unit, and any conveyance, lease, devise or other disposition or mortgage or other encumbrance of any unit shall extend to and include such pro…

46:8B-7. Invalidity of contrary agreements Any agreement contrary to the provisions of this act shall be void. L.1969, c. 257, s. 7, eff. Jan. 7, 1970.

46:8B-8 Creation, establishment of condominium. 8. A condominium may be created and established by recording in the office of the county recording officer of the county wherein the land is located a master deed executed and acknowledged by all owners or the lessees setting forth …

46:8B-8.1. Establishment of condominium upon land held under lease Nothing in the act to which this act is a supplement shall be construed to prevent the creation and establishment of a condominium as defined in this act, upon land held under a lease by the lessee or creator of t…

46:8B-9 Master deed, contents. 9. The master deed shall set forth, or contain exhibits setting forth the following matters: (a) A statement submitting the land described in the master deed to the provisions of the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.). (b) A name…