Title 46, Title 46: PROPERTY

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 …

46:8B-1. Short title This act shall be known and may be cited as the "Condominium Act." L.1969, c. 257, s. 1, eff. Jan. 7, 1970.

46:8B-10. Unit deeds and other instruments A deed, mortgage, lease or other instrument pertaining to a unit shall have the same force and effect in regard to such unit as would be given to a like instrument pertaining to other real property which has been similarly made, executed…

46:8B-11. Amendments to master deed The master deed may be amended or supplemented in the manner set forth therein. Unless otherwise provided therein, no amendment shall change a unit unless the owner of record thereof and the holders of record of any liens thereon shall join in …

46:8B-12. The association The association provided for by the master deed shall be responsible for the administration and management of the condominium and condominium property, including but not limited to the conduct of all activities of common interest to the unit owners. The …

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…