Condominium Act
TITLE 46
PROPERTY
Section 46:8
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
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 continue to govern all property constituted into a horizontal property regime there under, provided that upon waiver of any such regime as provided in said act, the real property may be subjected to the provisions of this act as provided herein.
L.1969, c. 257, s. 2, eff. Jan. 7, 1970.
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 or otherwise.
b. “Association” means the entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.
c. “Bylaws” means the governing regulations adopted under this act for the administration and management of the property.
d. “Common elements” means:
(i) the land described in the master deed;
(ii) as to any improvement, the foundations, structural and bearing parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways, elevators, entrances,
exits and other means of access, excluding any specifically reserved or limited to a particular unit or group of units;
(iii) yards, gardens, walkways, parking areas and driveways, excluding any specifically reserved or limited to a particular unit or g roup of units;
(iv) portions of the land or any improvement or appurtenance reserved exclusively for the management, operation or maintenance of the common elements or of the condominium property;
(v) installations of all central services and utilities;
(vi) all apparatus and installations existing or intended for common use;
(vii) all other elements of any improvement necessary or convenient to the existence, management, operation, maintenance and safety of the condominium property or normally in common use; and
(viii) such other elements and facilities as are designated in the master deed as common elements.
e. “Common expenses” means expenses for which the unit owners are proportionately liable, including but not limited to:
(i) all expenses of administration, maintenance, repair and replacement of the common elements;
(ii) expenses agreed upon as common by all unit owners; and
(iii) expenses declared common by provisions of this act or by the master deed or by the bylaws.
f. “Common receipts” means:
(i) rent and other charges derived from leasing or licensing the use of common elements;
(ii) funds collected from unit owners as common expenses or otherwise; and
(iii) receipts designated as common by the provisions of this act or by the master deed or the bylaws.
g. “Common surplus” means the excess of all common receipts over allcommon expenses.
h. “Condominium” means the form of ownership of real property under a master deed providing for ownership by one or more owner s of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
i. “Condominium property” means the land covered by the master deed, whether or not contiguous and all improvements thereon, all owned either in fee simple or underlease, and all easements, rights and appurtenances belonging thereto or intended for the benefit thereof.
j. “Developer” means the person or persons who create a condominium or lease, sell or offer to lease or sell a condominium or units of a condominium in the ordinary course of business, but does not include an owner or lessee of a unit who has acquired his unit for his own occupancy.
k. “Limited common elements” means those common elements which are for the use of one or more specified units to the exclusion of other units.
l . “Majority” or “majority of the unit owners” means the owners of more than 50% of the aggregate in interest of the undivided ownership of the common elements as specified in the masterdeed. If a different percentage of unit owners is required to be determined under this act or under the master deed or bylaws for any purpose, such different percentage of owners shall mean the owners of an equal percentage of the aggregate in interestof the undivided ownership of the common elements as so specified.
m. “Master deed” means the master deed recorded under the terms of section 8 of this act, as such master deed may be amended or supplemented from time to time, being the instrument by which the owner in fee simple or lessee of the property submits itto the provisions of this chapter.
n. “Person” means an individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
o . “Unit” means a part of the condominium property designed or intended for any type of independent use, having a direct exit to a public street or way or to a common element or common elements leading to a public street or way or to an easement or right of way leading to a public street or way, and includes the proportionate undivided interest in the common elements and in any limited common elements assigned thereto in the master deed or any amendment thereof.
p. “Unit deed” means a deed of conveyance of a unit in recordable form.
q. “Unit owner” means the person or persons owning a unit in fee simple.
L.1969, c. 257, s. 3, eff. Jan. 7, 1970. Amended by L.1973, c. 216, s. 1, eff. Aug.
23, 1973; L.1979, c. 157, s. 1, eff. July 19, 1979.
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 proportionate undivided interest in the common elements, whether or not expressly referred to in the instrument effecting the same. The common elements shall remain undivided and shall not be the object of an action for partition or division. The right of any unit owner to the use of the common elements shall be a right in common with all other unit owners (except to the extent that the master deed provides for limited common elements) to use such common elements in accordance with the reasonable purposes for which they are intended without encroaching upon the lawful rights of the other unit
owners.
L.1969, c. 257, s. 6, eff. Jan. 7, 1970.
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 the matters requiredby section 9 of P.L.1969, c.257 (C.46:8B-9) and section 3 of P.L.1960, c.141 (C.46:239.11). The provisions of the “Condominium Act,” P.L.1969, c.257 (C.46:8B1 et seq.) shall apply solely to real property of interests therein which have been subjected to the terms of P.L.1969, c.257 as provided in this section.
L.1969,c.257,s.8; amended 1973, c.216, s.2; 1997, c.211, s.3.
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 preventthe creation and establishment of a condominium as defined in this act, upon land held under a lease by the lessee or creator of the condominium, provided that the master deed required under this act shall be signed, not only by the lessee, but also by the lessor of the land who holds the legal title to the land in fee simple.
L.1973, c. 216, s. 3, eff. Aug. 23, 1973.
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.46:8B1 et seq.).
(b)
A name, including the word “condominium” or followed by the words “a condominium,” by which the property shall thereafter be identified.
(c) A legal description of the land.
(d) A survey of the condominium property in sufficient detail to show and id entify common elements, each unit and their respective locations and approximate
dimensions. The plans shall bear a certification by a land surveyor, professional engineer or architect authorized and qualified to practice in this State setting forth that
the plans constitute a correct representation of the improvements described. The survey and plans shall constitute a condominium plan as defined in section 2 of P.L.1960, c.141 (C.46:23-9.10).
(e) An identification of each unit by distinctive letter, name or number so that each unit may be separately described thereafter by such identification.
(f) A description of the common elements and limited common elements, if any.
 * Radburn VS Moore determined Radburn is subject to the condominium act.