reglab/housing_qa huggingface dataset:
NJ Rev Stat § 45:22A-30 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-30 - Registration; notice of filing of application; acceptance or rejection

45:22A-30. Registration; notice of filing of application; acceptance or rejection  a. Upon receipt of the application for registration in proper form, and accompanied by proper fee, the agency shall, within 10 business days, issue a notice of filing to the applicant. Within 90 days from the date of the notice of filing, the agency shall enter an order registering the development or rejecting the registration. If no order of rejection is entered within 90 days from the date of notice of filing, the development shall be deemed registered unless the applicant has consented in writing to a delay. b. If the agency affirmatively determines that the requirements of section 9 of this act have been met, it shall enter an order registering the development. c. If the agency determines upon inquiry and examination that any of the requirements of section 9 of this act have not been met, the agency shall notify the applicant that the application for registration must be corrected in such particulars, within 30 days, as designated by the agency. If the requirements are not met within the time allowed, the agency may enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective until 20 days after the lapse of the aforesaid specified period during which 20-day period the applicant may petition for reconsideration and shall be entitled to a hearing. Such order of rejection shall not take effect, in any event, until such time as the hearing, once requested, has been given to the applicant. L.1977, c. 419, s. 10.
NJ Rev Stat § 45:22A-31 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-31 - Annual report by developer

45:22A-31. Annual report by developer  Within 30 days after each anniversary date of the order registering the development, and while the developer retains any interest therein, he shall file with the agency an annual report reflecting any material changes in information contained in the original application for registration, in a form designated by the agency. In the event that the agency determines that such annual report is no longer necessary for the protection of the public interest, or when the annual report reveals that the developer no longer retains any interest, and no longer has contractual, bonded or other obligations in the development, the agency shall issue an order terminating the responsibilities of the developer under this act. L.1977, c. 419, s. 11.
NJ Rev Stat § 45:22A-32 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-32 - Powers of agency

45:22A-32. Powers of agency  a. The agency may: (1) Accept registrations filed in this State, in other states or with the Federal Government; (2) Contract with similar agencies in this State or other jurisdictions to perform investigative functions; (3) Accept grants in aid from any governmental or other source; (4) Cooperate with similar agencies in this State or in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules and common administrative practices; (5) Grant exemptions pursuant to its rules and regulations; (6) Make necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate this act or any rule or order hereunder, or to aid in the enforcement of this act or in the prescribing of rules and forms hereunder; (7) Require or permit any person to file a statement in writing, under oath or otherwise, as the agency determines, as to all the facts and circumstances concerning the matter to be investigated; (8) For the purpose of any investigation or proceeding under this act, the agency or any officer designated by rule, may administer oaths, or affirmations, and upon its own motion or upon request of any party may subpena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. (9) Upon failure to obey a subpena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the agency may apply to the Superior Court for an order compelling compliance. L.1977, c. 419, s. 12.
NJ Rev Stat § 45:22A-33 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-33 - Cease and desist orders; grounds

45:22A-33. Cease and desist orders; grounds  a. If the agency determines after notice and hearing that a person has: (1) Violated any provision of this act; (2) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of a unit; (3) Made any substantial change in the plan of disposition and development of the subdivision subsequent to the order of registration without obtaining prior written approval from the agency; (4) Disposed of any units, lots, parcels, or interests in a planned real estate development which have not been registered with the agency, or; (5) Violated any lawful order or rule of the agency; it may issue an order requiring the person to cease and desist from the unlawful practice or to take such other affirmative action as in the judgment of the agency will carry out the purposes of this act. b. If the agency makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary cease and desist order. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing shall be held within 10 days of such request to determine whether or not it becomes permanent. Such temporary cease and desist order shall be forwarded by certified mail. L.1977, c. 419, s. 13.
NJ Rev Stat § 45:22A-34 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-34 - Revocation of registration; grounds; notice and hearing; findings of fact; in lieu cease and desist order

45:22A-34. Revocation of registration; grounds; notice and hearing; findings of fact; in lieu cease and desist order  a. A registration may be revoked after notice and hearing upon a written finding of fact that the developer has: (1) Failed to comply with the terms of a cease and desist order; (2) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, dishonest dealing, or other like offense; (3) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of purchasers; (4) Failed faithfully to perform any stipulation or agreement made with the agency as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement; (5) Advertised his lands or responded to applications for his lands in a manner which was discriminatory on the basis of marital status, sex, race, creed, or national origin; (6) Willfully violated any provision of this act or of a rule adopted thereunder; (7) Made intentional misrepresentation or concealed material facts in an application for registration filed for registration. b. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. c. If the agency finds, after notice and hearing, that the developer has been guilty of a violation for which revocation could be ordered, it may in lieu thereof issue a cease and desist order. Revocation of registration may be utilized only as a remedy of last resort. L.1977, c. 419, s. 14.
NJ Rev Stat § 45:22A-35 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-35 - Rules and regulations; injunctions or temporary restraining orders; intervention in suits by agency

45:22A-35. Rules and regulations; injunctions or temporary restraining orders; intervention in suits by agency  a. The agency shall adopt, amend, or repeal such rules and regulations as are reasonably necessary for the enforcement of the provisions of this act in accordance with the provisions of the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.). The rules may provide for, but are not limited to: provisions for advertising standards to insure full and fair disclosure; disclosure provisions relating to conversions; provisions relating to nonbinding reservation agreements; provisions for adequate bonding or access to some escrow or trust fund not otherwise required by the municipal governing body to be located within this State, so as to insure compliance with the provisions of this act, and to compensate purchasers for failure of the registrant to perform in accordance with the terms of any contract or public statement; provisions that require a registrant to deposit purchaser down payments, security deposits or other funds in an escrow account, or with an attorney licensed to practice law in this State, until such time as the agency by its rules and regulations deems it appropriate to permit such funds to be released; provisions to insure that all contracts between developer and purchaser are fair and reasonable; provisions that the developer must give a fair and reasonable warranty on construction of any improvements; provisions that the budget for the operation and maintenance of the common or shared elements or interests shall provide for adequate reserves for depreciation and replacement of the improvements; provisions for operating procedures; and such other rules and regulations as are necessary and proper to effectuate the purposes of this act, and taking into account and providing for, the broad range of development plans and devises, management mechanisms, and methods of ownership, permitted under the provisions of this act. b. If it appears that a person has engaged, or is about to engage, in an act or practice constituting a violation of a provision of this act, or a rule or order hereunder, the agency, with or without prior administrative proceedings, may bring an action in the Superior Court to enjoin the acts or practices and to enforce compliance with this act or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver may be appointed. The agency shall not be required to post a bond in any court proceeding. c. The agency may intervene in a suit involving any planned real estate development. In any such suit, by or against the developer, the developer shall promptly furnish the agency with notice of the suit and copies of all pleadings. L.1977, c. 419, s. 15.
NJ Rev Stat § 45:22A-36 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-36 - Submission to jurisdiction by application; service of process; conduct prohibited by act; authorization of agency to receive service

45:22A-36. Submission to jurisdiction by application; service of process; conduct prohibited by act; authorization of agency to receive service  a. For purposes of this act, an application for registration submitted to the agency shall be deemed a submission by the applicant to the jurisdiction of the New Jersey courts. b. In addition to the methods of service of process provided for in the rules governing the New Jersey courts, service may be made by delivering a copy of the process to the office of the agency, but such service shall not be effective unless the plaintiff, which may be the agency in a proceeding instituted by it: (1) Forthwith sends a copy of the process and of the pleading by certified mail to the defendant or respondent at his last known address, and (2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, or within such further time as the court allows. c. If any person, including any nonresident of this State, engages in conduct prohibited by this act or any rule or order hereunder, and does not file a consent to the service of process, and personal jurisdiction over him cannot otherwise be obtained in this State, that conduct authorizes the agency to receive service of process in any noncriminal proceeding against him or his successor which grows out of that conduct and which is brought under this act or any rule or order hereunder, with the same force and validity as if served on him personally. Notice shall be given as provided in subsection b. L.1977, c. 419, s. 16.
NJ Rev Stat § 45:22A-37 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-37 - Untruth, omission or misleading statement by developer; liability; persons liable; invalidity of agreement by purchaser to waive compliance with act

45:22A-37. Untruth, omission or misleading statement by developer; liability; persons liable; invalidity of agreement by purchaser to waive compliance with act  a. Any developer disposing of real property subject to this act, who shall violate any of the provisions of section 6 hereof, or who in disposing of such property makes an untrue statement of material fact or omits a material fact from any application for registration, or amendment thereto, or from any public offering statement, or who makes a misleading statement with regard to such disposition, shall be liable to the purchaser for double damages suffered, and court costs expended, including reasonable attorney's fees, unless in the case of an untruth, omission, or misleading statement such developer sustains the burden of proving that the purchaser knew of the untruth, omission or misleading statement, or that he did not rely on such information, or that the developer did not know and in the exercise of reasonable care could not have known of the untruth, omission, or misleading statement. b. The court may, in addition to remedies provided herein, frame such other relief as may be appropriate under the circumstances. If the purchaser shall fail in establishing a cause of action, and the court further determines that the action was wholly without merit, the court may award attorney's fees to the developer. c. Every person who directly or indirectly controls a development or developer liable under subsection a., every general partner, officer, or director of a developer, and every person occupying a similar status or performing a similar function, shall also be liable jointly and severally with and to the same extent as such developer, unless the person otherwise liable sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. There is a right to contribution as in cases of contract among persons so liable. d. A person may not recover under this section in actions commenced more than 6 years after his first payment of money to the developer in the contested transaction. e. Any stipulation or provision purporting to bind any purchaser acquiring a parcel, lot, unit, or interest, in any development subject to the provisions of this act, or any rule, regulation, or order promulgated thereunder, to a waiver of compliance with said provisions, shall be void. L.1977, c. 419, s. 17.
NJ Rev Stat § 45:22A-38 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-38 - Violations; fine; levy and collection

45:22A-38. Violations; fine; levy and collection  a. Any person who violates any provision of this act or of a rule adopted under it or any person who in an application for registration filed for registration makes any untrue statement of a material fact or omits to state a material fact shall be fined not less than $250.00, nor more than $50,000.00 per violation. b. The commissioner, through the agency, may levy and collect the penalties set forth in subsection a. hereof after affording the person alleged to be in violation of this act an opportunity to appear before the commissioner or his designee and to be heard personally or through counsel on the alleged violations and a finding by the commissioner that said person is guilty of the violation. When a penalty so levied by the commissioner has not been satisfied within 30 days of the levy, the penalty may be sued for and recovered by and in the name of the commissioner in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.). c. The agency may in the interest of justice compromise any civil penalty, if in its determination the gravity of the offense or offenses does not warrant the assessment of the full fine. L.1977, c. 419, s. 18.
NJ Rev Stat § 45:22A-39 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-39 - Application of act to lands situated in this state

45:22A-39. Application of act to lands situated in this state  The provisions of this act shall apply to lands situated in this State whether promoted or advertised within or without the State. L.1977, c. 419, s. 19.
NJ Rev Stat § 45:22A-40 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-40 - Severability

45:22A-40. Severability  If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable. L.1977, c. 419, s. 20.
NJ Rev Stat § 45:22A-41 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-41 - Retirement subdivision or community; application of this act

45:22A-41. Retirement subdivision or community; application of this act  Any retirement subdivision or community as defined in the Retirement Community Full Disclosure Act, P.L.1969, c. 215 (C. 45:22A-1 et seq.) shall, after the effective date of this act, be deemed for all purposes to be subject to the provisions of this act alone, provided, however, that any portion or section of such retirement community or subdivision registered with the Division of Housing and Urban Renewal prior to the effective date of this act shall remain under the jurisdiction of the Retirement Community Full Disclosure Act. L.1977, c. 419, s. 21.
NJ Rev Stat § 45:22A-42 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-42 - Inapplicability of act.

45:22A-42 Inapplicability of act.  22. The provisions of P.L.1977, c.419 (C.45:22A-21 et seq.), concerning the formation and registration of planned real estate developments, shall not apply to any portion of a planned real estate development which has on the effective date of P.L.1977, c.419 (C.45:22A-21 et seq.): a. Its building permit or permits; or b. Final municipal approval of (1) its site plan or (2), in the case of single or two-family homes or separate lots, its subdivision plat; provided that the land is not valued, assessed and taxed as an agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.); provided further that this section shall not be construed as applying to conversions or Retirement Subdivisions or Communities as defined in the "Retirement Community Full Disclosure Act," P.L.1969, c.215 (C.45:22A-1 et seq.). L.1977, c.419, s.22; amended 2017, c.106, s.3.
NJ Rev Stat § 45:22A-43 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-43 - Organization of association.

45:22A-43 Organization of association.  1. a. A developer subject to the registration requirements of section 6 of P.L.1977, c.419 (C.45:22A-26) shall organize or cause to be organized an association whose obligation it shall be to manage the common elements and facilities. The association shall be formed on or before the filing of the master deed or declaration of covenants and restrictions, and may be formed as a for-profit or nonprofit corporation, unincorporated association, or any other form permitted by law. The application of P.L.1993, c.30 (C.45:22A-43 et seq.) to the association of an existing planned real estate development shall not be limited by:  (1) whether the developer has been subject to, or exempted from, the registration requirements of section 6 of P.L.1977, c.419 (C.45:22A-26); or (2) the development's date of establishment. b. Nothing in subsection a. of this section shall be construed to require the registration of a planned real estate development that is not otherwise required to register pursuant to section 6 of P.L.1977, c.419 (C.45:22A-26). c. Membership in the association of a planned real estate development shall be comprised of each owner within the planned real estate development, and may include the developer if the development contains unsold lots, parcels, units, or interests. An association may permit tenant participation in executive board elections, tenant membership in the association, or both. A voting-eligible tenant shall have only the same voting rights as the owner of the unit that the tenant leases, and such voting rights shall be in place of and not in addition to the rights of the owner of the leased unit, except as permitted under paragraph (9) of subsection c. of section 6 of P.L.2017, c.106 (C.45:22A-45.2). Pursuant to paragraph (9) of subsection c. of section 6 of P.L.2017, c.106 (C.45:22A-45.2), the votes associated with a unit shall not be altered by the participation of voting-eligible tenants.  L.1993, c.30, s.1; amended 2017, c.106, s.4.
NJ Rev Stat § 45:22A-44 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-44 - Powers, functions of association

45:22A-44. Powers, functions of association  2. a. Subject to the master deed, declaration of covenants and restrictions or other instruments of creation, the association may do all that it is legally entitled to do under the laws applicable to its form of organization.  b. The association shall exercise its powers and discharge its functions in a manner that protects and furthers the health, safety and general welfare of the residents of the community.  c. The association shall provide a fair and efficient procedure for the resolution of disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation.  d. The association may assert tort claims concerning the common elements and facilities of the development as if the claims were asserted directly by the unit owners individually.  L.1993,c.30,s.2.