New Jersey Condo Statutes N.J. Stat. § 46:8A-1

1 New Jersey Condo Statutes Stat. 46:8A-1 . This section is current through New Jersey 216th Legislature Second Annual Session, L. 2015 c. 60, and 1 Constitution current through November 2014 election New Jersey Statutes > TITLE 46. PROPERTY > SUBTITLE 2. REAL PROPERTY. ONLY > CHAPTER 8A. HORIZONTAL PROPERTY RIGHTS. 46:8A-1 . Short title This act shall be known and may be cited as the "Horizontal Property Act.". History L. 1963, c. 168, 1. LexisNexis New Jersey Annotated Statutes Stat. 46:8A-2. This section is current through New Jersey 216th Legislature Second Annual Session, L. 2015 c. 60, and 1 Constitution current through November 2014 election New Jersey Statutes > TITLE 46. PROPERTY > SUBTITLE 2.

2 REAL PROPERTY. ONLY > CHAPTER 8A. HORIZONTAL PROPERTY RIGHTS. 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 stories, but not the entire building, and notwithstanding whether the apartment be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use, provided it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare;. (b) "Coowner" means a person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof, who owns an apartment within the building.

3 (c) "Council of coowners" means all the coowners as defined in subsection (b) of this section;. but a majority as defined in subsection (f) of this section, shall, except as otherwise provided in this act constitute a quorum for the adoption of decisions;. (d) "General common elements" means and includes: (1) The land on which the building is located;. (2) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and exit or communication ways;. (3) The basements and roofs, except as otherwise provided or stipulated;. (4) The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated;. (5) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like.

4 (6) The elevators, garbage incinerators and, in general all devices or installations existing for common use;. (7) Yards, gardens, walkways, parking areas, driveways, streets, picnic areas, recreational areas and related facilities for the pursuit of activities, whether included in one or more regimes or located adjacent to or between one or more regimes and intended to be available for use by the coowners of all regimes, except as otherwise provided or stipulated; and (8) All other elements rationally of common use or necessary to the existence, upkeep and safety of the property;. (e) "Horizontal property regime" means the form of ownership of real property which consists of the building or buildings, common elements and other property described in the master deed creating and establishing the same.

5 (f) "Limited common elements" means and includes those common elements which are agreed upon by all the coowners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways Stat. 46:8A-2. and elevators, sanitary services common to the apartments of a particular floor, and the like;. (g) "Majority" or "Majority of coowners" means the coowners of at least 51% of all the apartments in the regime;. (h) "Master deed" means the deed establishing the horizontal property regime;. (i) "Person" means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.

6 (j) "Property" means and includes all the lands, all the buildings, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, included in one regime, or in two or more regimes, provided such regimes together constitute a single community. (k) "Regime" means the property described in the master deed. History L. 1963, c. 168, 2. Amended by L. 1978, c. 124, 1, eff. Oct. 5, 1978. LexisNexis New Jersey Annotated Statutes Stat. 46:8A-3. This section is current through New Jersey 216th Legislature Second Annual Session, L. 2015 c. 60, and 1 Constitution current through November 2014 election New Jersey Statutes > TITLE 46. PROPERTY > SUBTITLE 2.

7 REAL PROPERTY. ONLY > CHAPTER 8A. HORIZONTAL PROPERTY RIGHTS. 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 established by this act, there shall thereby be established a horizontal property regime. The coowners of property established as a single horizontal property regime may merge with the coowners of property in one or more other regimes to form a new single horizontal property regime, upon the consent of a majority of the coowners of the property in each of the merging regimes.

8 History L. 1963, c. 168, 3. Amended by L. 1978, c. 124, 2, eff. Oct. 5, 1978. LexisNexis New Jersey Annotated Statutes Stat. 46 This section is current through New Jersey 216th Legislature Second Annual Session, L. 2015 c. 60, and 1 Constitution current through November 2014 election New Jersey Statutes > TITLE 46. PROPERTY > SUBTITLE 2. REAL PROPERTY. ONLY > CHAPTER 8A. HORIZONTAL PROPERTY RIGHTS. 46 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 formed under Title 15 of the Revised Statutes of the State of New Jersey , the provisions of this act shall apply to such an entity with the same force and effect as they would if such an entity were in fact a single regime.

9 History L. 1978, c. 124, 11, eff. Oct. 5, 1978. LexisNexis New Jersey Annotated Statutes Stat. 46:8A-4. This section is current through New Jersey 216th Legislature Second Annual Session, L. 2015 c. 60, and 1 Constitution current through November 2014 election New Jersey Statutes > TITLE 46. PROPERTY > SUBTITLE 2. REAL PROPERTY. ONLY > CHAPTER 8A. HORIZONTAL PROPERTY RIGHTS. 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 juridic acts inter vivos or mortis causa, as if it were sole and entirely independent of the other apartments in the regime of which it forms a part, and the corresponding individual titles and interests shall be recordable.

10 History L. 1963, c. 168, 4. Amended by L. 1978, c. 124, 3, eff. Oct. 5, 1978. LexisNexis New Jersey Annotated Statutes Stat. 46:8A-5. This section is current through New Jersey 216th Legislature Second Annual Session, L. 2015 c. 60, and 1 Constitution current through November 2014 election New Jersey Statutes > TITLE 46. PROPERTY > SUBTITLE 2. REAL PROPERTY. ONLY > CHAPTER 8A. HORIZONTAL PROPERTY RIGHTS. 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 this State.