Title 46, Title 46: PROPERTY

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…

46:8C-10 Definitions. 1. a. For the purposes of P.L.1991, c.483 (C.46:8C-10 et seq.): "Campground facility" means real property designed and used for the purpose of renting or leasing individual portions thereof to occupants who are to have access for the purposes of camping and …

46:8C-11. Rights of homeowners on offer for sale. 2. a. If a private residential leasehold community landowner offers private residential leasehold community land for sale, the landowner shall give notice of that act by certified mail, return receipt requested, to the department,…

46:8C-12. Right of homeowners on offer to buy. 3. a. If a private residential leasehold community landowner receives a bona fide offer to purchase the land that the landowner intends to consider or make a counteroffer to, the landowner shall notify the department, the municipal c…

46:8C-12.1 List of nonprofits committed to preserving affordable housing. 2. a. The Department of Community Affairs shall publish and maintain on the department’s Internet website a list of nonprofit organizations that are committed to preserving affordable housing, that have sub…

46:8C-12.2 Landowner to consider resident homeowner group offer. 5. a. If the resident homeowners, by and through a resident homeowner group, make an offer to the landowner to purchase the private residential leasehold community, whether in response to a notice sent pursuant to s…

46:8C-12.3 Assignment of rights to a municipality, housing authority, State agency, or nonprofit. 6. A resident homeowner group that has rights pursuant to P.L.1991, c.483 (C.46:8C-10 et seq.) may, at its election by the consent of 51 percent of resident homeowners, assign such r…

46:8C-13. Rights not applicable to certain sales, etc. 4. The provisions of sections 2 and 3 of P.L.1991, c.483 (C.46:8C-11 and C.46:8C-12) shall not apply to: a. (Deleted by amendment, P.L.2025, c.362) b. Any sale or transfer to a family member of the landowner. c. Any transfer …

46:8C-13.1 Qualifications for an exemption. 8. To qualify for an exemption pursuant to section 4 of P.L.1991, c.483 (C.46:8C-13), a transaction shall: a. be in good faith; b. be made for a legitimate business purpose or a legitimate familial purpose consistent with the exemptions…

46:8C-14. Compliance as prerequisite to recording. 5. In addition to other prerequisites for recording, no deed evidencing transfer of title to a private residential leasehold community land shall be recorded in the office of any county recording officer unless accompanying the a…

46:8C-14.1 Violations; remedies and penalties. 10. a. If a landowner sells or is preparing to sell a private residential leasehold community land and has not complied with the requirements of P.L.1991, c.483 (C.46:8C-10 et seq.), any resident homeowner or the Attorney General, or…

46:8C-19. Powers, duties of the association 10. a. An association may contract, sue, or be sued, with respect to the exercise or non-exercise of its powers. For these purposes, the powers of the association include, but are not limited to, the maintenance, management, and operati…

46:8C-2. Mobile home park fees a. No mobile home park owner or operator shall require a resident therein to purchase from said owner or operator underskirting, equipment for tying down mobile homes, or any other equipment required by law, local ordinance or regulations of the mob…

46:8C-20. Duties of private residential leasehold community owner 11. The owner of the private residential leasehold community land shall notify in writing each owner of a home therein or, if a homeowners' association has been established under the provisions of this act, the dir…

46:8C-21. Relocations, variances, certain, prohibited 12. No agency of municipal, county or State government, or of any agency or instrumentality thereof, shall approve or take any other final action upon any application for a variance which would result in the removal of homes o…

46:8C-3. Sale of mobile home within park; notice to and approval by owner or operator a. No mobile home park shall deny any resident of such mobile home park the right to sell said resident's mobile home within the park or require the resident to remove the mobile home from the p…

46:8C-4. Leases; delivery and posting of rules and regulations A mobile home park owner or operator shall be required: a. Within 30 days of the effective date of this enactment to offer a written lease or written rental agreement for a period not less than 12 months, to mobile ho…

46:8C-5. Waiver of provisions of act by agreement; invalidity Any provision of a lease or other agreement whereby any provision of this act is waived shall be deemed against public policy and shall be void. L.1973, c. 153, s. 5.

46:8C-6. Severability If any provision of this act or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect; and, to this end, the provisions of …

46:8C-7. Construction of act This act being necessary for the welfare of the State and its inhabitants shall be liberally construed to effectuate the purposes thereof. L.1973, c. 153, s. 7.

46:8C-8. Regulation and licensing by municipality; ordinance In addition to the powers set forth in R.S. 40:52-1, the governing body of a municipality may, by ordinance, provide for the regulation and licensing of mobile home parks. L.1983, c. 399, s. 1, eff. Jan. 1, 1984.

46:8C-9. Sale of first mobile home located on each site to be leased within park The mobile home park owner or operator may sell the first mobile home to be located on each site to be leased within the mobile home park. L.1983, c. 399, s. 2, eff. Jan. 1, 1984.

46:8D-1. Short title This act shall be known and may be cited as "The Cooperative Recording Act of New Jersey." 1987,c.381,s.1.

46:8D-10. Amendments The master declaration or master register may be amended in the manner set forth therein; provided that no amendment shall affect any cooperative unit unless the possessor of record thereof and the holders of record of any liens thereon join in the execution …

46:8D-11. Contents of transfer document, short form memorandum The sale or transfer of a cooperative share by a proprietary lease or an assignment thereof or other like instrument is achieved by the recording of the transfer document or a short form memorandum thereof which is ex…

46:8D-12. Recording of documents The documents referred to in section 11 of this article shall be recorded in the office of the county recording office of the county wherein the land is located. The county clerk or register of deeds, as the case may be, hereinafter referred to as…

46:8D-13. Recording, indexing fees The transferee shall pay the recording fees for each instrument. In addition, the county recording officer shall levy and collect from the transferor, a fee of $1.00 per page for indexing of the transfer in the master register for the cooperativ…

46:8D-13.1. Findings, declarations relative to rental housing and cooperatives; agreements, certain, unenforceable 1. a. The Legislature finds and declares that it is in the public interest of the citizens of this State that the availability of rental housing be encouraged. There…

46:8D-14. Recording of financing statement security agreement, lien a. The lender of funds secured by a promissory note and pledge of the stock and proprietary lease of a cooperative unit shall record its lien by the method of recordation provided in the applicable statutes. If t…

46:8D-15. Liens Any lien on a cooperative ownership interest is governed by the law designated in the instrument and selected by the lender for recordation of the lien. Any assignment, modification, release or discharge of the lien shall adhere to the recordation procedures set f…

46:8D-16. Deed of revocation Any cooperative property may be removed from the provisions of this act by a deed of revocation duly executed by all unit lessees or the sole owner of the property and the holders of all mortgages or other liens affecting all units and recorded in the…

46:8D-17. Resubmission permissible 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. 1987, c. 381, s.18.

46:8D-18. Adherence to definition of "cooperative" a. The Department of Community Affairs shall not accept for registration as a cooperative under "The Planned Real Estate Development Full Disclosure Act," P.L. 1977, c. 419 (C. 45:22A-21 et seq.), any offering plan which would no…

46:8D-2. Findings, declarations The Legislature finds that issuance of proprietary real estate leases by cooperative corporations and other cooperative legal entities is becoming a popular practice in New Jersey which is usually accomplished by a ledger book transfer to the lesse…