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.
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.
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.
9 Master deed, contents.
9. The master deed shall set forth, or contain exhibits setting forth the following
(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.).
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.