reglab/housing_qa huggingface dataset:
NJ Rev Stat § 46:8B-28 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-28 - Resubmission

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.
NJ Rev Stat § 46:8B-29 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-29 - Zoning

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 requirement concerning the use, location, placement or construction of buildings or other improvements which are, or may thereafter be subjected to this act unless such requirement shall be equally applicable to all buildings and improvements which are, or may thereafter be subjected to this act unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then or thereafter to be subjected to this act. No subdivision or planning approval shall be required as a condition precedent to the recording of a master deed or the sale of any unit unless such approval shall also be required for the use or development of the lands described in the master deed in the same manner as therein set forth had such lands not been submitted to this act. L.1969, c. 257, s. 29, eff. Jan. 7, 1970.
NJ Rev Stat § 46:8B-30 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-30 - Partial invalidity

46:8B-30. Partial invalidity  If any provision of this act in 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.1969, c. 257, s. 30, eff. Jan. 7, 1970.
NJ Rev Stat § 46:8B-31 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-31 - Legislative findings and declarations

46:8B-31. Legislative findings and declarations  The Legislature finds and declares that many leases involving use of parking, recreational or other common facilities or areas by residents of condominiums were entered into by parties wholly representative of the interests of a condominium developer at a time when the condominium unit owners not only did not control the administration of their condominium but also had little or no voice in such administration. Such leases often contain numerous obligations on the part of either or both a condominium association and condominium unit owners with relatively few obligations on the part of the lessor. Such leases may or may not be unconscionable in any given case. Nevertheless, the Legislature finds that certain onerous obligations and circumstances warrant the establishment of a rebuttable presumption of unconscionability of certain leases, as specified in this act. The Legislature also finds and declares that many contracts for sale of condominium units, master deeds and association bylaws contain provisions affording the developer or the association a right of first refusal to purchase in the event of resale, gift or devise of condominium units by the purchaser, provisions which are in the financial interest of the developer or the association and are designed to limit the freedom of the purchaser to resell the property as he sees fit. The Legislature finds that the relative balance between the consideration given the financial interests of the developer or the association and the limitations placed upon the property rights of the purchaser contained in such provisions is such as to warrant the establishment of a rebuttable presumption of unconscionability with respect to those master deeds and bylaws, and amendments thereof, adopted prior to the effective date of this amendatory and supplementary act, and to warrant the prohibition of such provisions in contracts for the sale of condominium units executed, and in master deeds and bylaws or amendments of master deeds or bylaws adopted, on or after that date. L.1979, c. 297, s. 1, eff. Jan. 17, 1980. Amended by L.1980, c. 103, s. 1, eff. Sept. 11, 1980.
NJ Rev Stat § 46:8B-32 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-32 - Unconscionability of leases; rebuttable presumption; elements of lease

46:8B-32. Unconscionability of leases; rebuttable presumption; elements of lease  There is hereby established a rebuttable presumption of unconscionability with respect to leases involving condominium property, including, but not limited to, leases concerning the use by condominium unit owners of parking, recreational or other common facilities or areas. Such presumption may be rebutted by a lessor by the presentation of evidence of the existence of facts and circumstances sufficient to justify and validate a lease which would otherwise appear to be unconscionable under the provisions of this section. A rebuttable presumption of unconscionability shall arise if one or more of the following elements exist, but the failure of a lease to contain any of the following elements shall neither preclude a determination of its unconscionability nor raise a presumption of its conscionability: a. The lease was executed by persons none of whom at the time of the execution of the lease were elected by condominium unit owners other than the developer, to represent their interests; b. The lease requires either the condominium association or the condominium unit owners to pay real estate taxes on the subject real property; c. The lease requires either the condominium association or the condominium unit owners to insure buildings or other facilities on the subject real property against fire or any other hazard; d. The lease requires either the condominium association or the condominium unit owners to perform some or all maintenance obligations pertaining to the subject real property or facilities located upon the subject real property; e. The lease requires either the condominium association or the condominium unit owners to pay rents to the lessor for a period of 10 years or more; f. The lease provides that failure of the lessee to make payments of rents due under the lease either creates, establishes, or permits establishment of, a lien upon individual condominium units of the condominium to secure claims for rent; g. The lease requires an annual rental which exceeds 20% of the appraised value of the leased property as improved; provided that for purposes of this subsection "annual rental" means the amount due during the first 12 months of the lease for all units regardless of whether such units were in fact occupied or sold during that period and "appraised value" means the appraised value placed upon the leased property the first tax year after the sale of a unit in the condominium; h. The lease provides for a periodic rental increase based upon reference to a price index; i. The lease or other condominium documents require that every transferee of a condominium unit must assume obligations under the lease. L.1979, c. 297, s. 2, eff. Jan. 17, 1980.
NJ Rev Stat § 46:8B-33 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-33 - Severability

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 this end the provisions of this act are declared severable. L.1979, c. 297, s. 3, eff. Jan. 17, 1980.
NJ Rev Stat § 46:8B-34 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-34 - Selling price; inclusion of statement of membership fees

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, 1980.
NJ Rev Stat § 46:8B-35 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-35 - Lease of parking, recreational or other common facility or area for over 20 years; option to renew or purchase

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 condominium association or the condominium unit owners shall have the option of renewing the lease on the parking, recreational or other common facility or area or of buying such facility or area and subject real property at a conscionable price. L.1979, c. 297, s. 5, eff. Jan. 17, 1980.
NJ Rev Stat § 46:8B-36 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-36 - Master deeds or bylaws of association; rebuttable presumption of unconscionability

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 which shall arise whenever such a master deed or by laws shall contain any provision or clause affording the developer or the association a right of first refusal to buy a condominium unit upon resale, gift or devise by the condominium unit owner. Such presumption may be rebutted by the developer or the association by the presentation of evidence of the existence of facts and circumstances sufficient to justify and validate a provision of the master deed or the bylaws which would otherwise appear to be unconscionable under the provisions of this section. L.1979, c. 297, s. 6, eff. Jan. 17, 1980. Amended by L.1980, c. 103, s. 2, eff. Sept. 11, 1980.
NJ Rev Stat § 46:8B-37 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8B-37 - Application of 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 in operation as of the effective date of this act and the lease therefor is duly executed, whether before or after the effective date of this act, by the developer and the association. L.1979, c. 297, s. 7, eff. Jan. 17, 1980.
NJ Rev Stat § 46:8B-38 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 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

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 supplementary act, nor any master deed or association bylaws adopted on or after that date, shall contain a clause or provision affording the developer or the association the right of first refusal to buy a condominium unit upon resale, gift or devise by the condominium unit owner. No master deed or association bylaws, whenever adopted, shall be amended on or after such date to include any such clause or provision affording right of first refusal. This section shall not apply to the State of New Jersey or any political subdivision of this State or any department, division, office, agency or bureau thereof or any authority or instrumentality created thereby if said right is required by State or Federal law. L.1980, c. 103, s. 3, eff. Sept. 11, 1980.
NJ Rev Stat § 46:8C-3 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-3 - Sale of mobile home within park; notice to and approval by owner or operator

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 park solely on the basis of the sale thereof. The park may reserve the right to approve the purchaser of said mobile home as a tenant, but such permission may not be unreasonably withheld and the park shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or operator has acted as agent for the mobile home owner in the sale pursuant to a written contract. When a resident of the park plans to sell his home, he shall give written notice to the park owner or operator. Before a home in the park may be sold, the seller shall provide the buyer with an application for park tenancy, which shall be returned to the park owner or operator by the prospective buyer in person. On the private sale of a mobile home, failure to comply with the application procedure as described, before any sales agreement is entered into, shall absolve the park owner or operator from the requirements of Sec. 2e and 2d, and Sec. 4 of this act. The preceding is not applicable if a buyer plans to immediately remove a home from the park. Either a mobile home owner, mobile home purchaser or park owner or operator aggrieved by the failure of any person to comply with the provisions of this section may seek damages and reasonable costs and attorneys fees in a complaint, cross-claim, or third party complaint in a court of competent jurisdiction. b. No contract for the sale of a mobile home, where the buyer and the seller intend the mobile home remain in the park, shall be valid unless the seller has advised the purchaser, in writing, of the park owner or operator's right to approve the purchaser as provided for in this section. c. If the mobile home park owner or operator shall unreasonably withhold approval of a purchaser of a mobile home as a tenant, either the mobile home owner who is selling or the intended purchaser of the mobile home may institute an action in the Superior Court. A plaintiff who shall recover a judgment in any such action shall be awarded all damages proximately caused by the unreasonable refusal of the mobile home park owner or operator to approve the sale together with the costs of the action and reasonable attorneys' fees. In any such action the court shall also be empowered to order the admission of the purchaser of the mobile home to the mobile home park. L.1973, c. 153, s. 3. Amended by L.1977, c. 350, s. 2, eff. Jan. 30, 1978.
NJ Rev Stat § 46:8C-4 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-4 - Leases; delivery and posting of rules and regulations

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 home dwellers within the park; b. Within 30 days of a mobile home dweller lawfully assuming occupancy in the park, a mobile home park owner or operator shall offer a written lease or written rental agreement for a period of not less than 12 months. c. (Deleted by amendment.) d. To deliver a copy of all rules and regulations established by the park owner or operator to the mobile home owner prior to his signing a lease or entering into a rental agreement. e. To post a copy of the rules and regulations established by the park owner or operator in the recreation hall, if any, or some other conspicuous place within the park. L.1973, c. 153, s. 4. Amended by L.1977, c. 350, s. 3, eff. Jan. 30, 1978.
NJ Rev Stat § 46:8C-5 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-5 - Waiver of provisions of act by agreement; invalidity

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.
NJ Rev Stat § 46:8C-6 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-6 - Severability

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 this act are declared to be severable. L.1973, c. 153, s. 6.
NJ Rev Stat § 46:8C-7 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-7 - Construction of act

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.
NJ Rev Stat § 46:8C-8 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-8 - Regulation and licensing by municipality; ordinance

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.
NJ Rev Stat § 46:8C-9 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-9 - Sale of first mobile home located on each site to be leased within park

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.
NJ Rev Stat § 46:8C-11 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-11 - Rights of homeowners on offer for sale

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, he shall notify the board of directors of the homeowners' association created pursuant to this act of his offer, stating the price and the terms and conditions of sale. b. The affected homeowners, by and through an association duly formed in accordance with section 6 of this act, shall have the right to purchase such land, provided two-thirds of the unit owners in the private residential leasehold community have approved the purchase, and further provided that the homeowners meet the price and terms and conditions of the private residential leasehold community landowner by executing a contract with the landowner within 45 days of being notified under subsection a., except as an extension of time may be mutually agreed upon by the landowner and the association; provided, however, that if there is no homeowners' association at the time a private residential leasehold community landowner offers private residential leasehold community land for sale and the landowner notifies homeowners individually as required under subsection b. of section 6 of this act, the period within which the terms and conditions of the private residential leasehold community landowner may be met by execution of a contract between the landowner and a homeowners' association shall be 60 days from the date of the notification of individual homeowners and at any time after notification to the landowner that a homeowners' association has been formed, in accordance with the provisions of subsection a. of section 7 of this act. If a contract between the landowner and the association is not executed within that extension period, then, unless the landowner thereafter elects to offer the land at the same price or at a lower price than specified in his notice to the directors or trustees of the association, he shall have no further obligations under this subsection, and his only obligation shall be as set forth in section 3 of this act. c. If the landowner thereafter elects to offer the land at the same price or at a lower price than specified in his notice to the directors or trustees of the association pursuant to subsection a. of this section, the homeowners, by and through the association, shall have an additional 10 days after receipt of that offer to meet the price and terms of conditions of the landowner by executing a contract; provided, however, that if more than three months have elapsed since the receipt by the homeowners' association of the previous offer to sell the land under this subsection, the association shall have 30 days after receipt of the subsequent offer to meet the price and terms of conditions of the landowner by executing a contract. L.1991,c.483,s.2; amended 1995,c.365,s.2.
NJ Rev Stat § 46:8C-13 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:8C-13 - Rights not applicable to certain sales, etc.

46:8C-13. Rights not applicable to certain sales, etc.  4. The provisions of sections 2 and 3 of this act shall not apply to: a. Any sale or transfer of the property of a private residential leasehold community which is not made in contemplation of changing that property to a use or uses other than as a private residential leasehold community. b. Any sale or transfer to a person who would be included within the table of descent and distribution if the landowner were to die intestate. c. Any transfer by gift, devise, or operation of law. d. Any transfer by a corporation to an affiliate. As used herein, "affiliate" means (1) any shareholder exercising control, or control through attribution as defined under section 318 of the Internal Revenue Code, of the transferring corporation; (2) any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation; or (3) any other corporation or entity owned or controlled, directly or indirectly, by any shareholder of the transferring corporation. For the purposes of this subsection, control shall mean control as defined in section 304 of the Internal Revenue Code. e. Any transfer by a partnership to any of its partners, whether general partners or limited partners, or partners or individuals to a corporation where the control of the corporation is substantially the same. f. Any conveyance of an interest in a private residential leasehold community incidental to the financing of that community. g. Any conveyance resulting from the foreclosure of a mortgage, deed of trust, or other instrument encumbering a private residential leasehold community, or any deed given in lieu of such foreclosure. h. Any sale or transfer between or among joint tenants or tenants in common owning a private residential leasehold community. i. The purchase of land of a private residential leasehold community by a governmental entity under its powers of eminent domain. j. Any sale which occurs as a result of a condominium or cooperative conversion. k. Any sale of real estate owned by the private residential leasehold community landowner which is adjacent to the private residential leasehold community land, but does not have appurtenant to it private residential leasehold sites or spaces or related recreational facilities. L.1991,c.483,s.4; amended 1995,c.365,s.4.