Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

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…

45:22A-46.1 Findings, declarations relative to age-restricted communities. 1. The Legislature finds and declares: a. Age-restricted communities are one of the fastest growing types of developments in the nation and in the State; b. Age-restrictions violate federal laws against di…

45:22A-46.10 Filing of revised preliminary subdivision or site plan with municipal engineer. 8. After a development has been officially changed to a non-restricted development, the developer shall file a copy of the revised preliminary subdivision or site plan approval with the m…

45:22A-46.11 Submission of application to approving board. 9. An application for approval to change a development from age-restricted to non-restricted status, pursuant to section 4 of P.L.2009, c.82 (C.45:22A-46.6), may be submitted to the approving board at anytime before the f…

45:22A-46.12 Development approvals deemed vested. 10. All development approvals for a development that changes from age-restricted to non-restricted status pursuant to P.L.2009, c.82 (C.45:22A-46.3 et seq.) shall be deemed vested in accordance with the "Municipal Land Use Law," P…

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 …