A2009

An Act concerning condominium master deeds and amending and supplementing P.L.1969, c.257 (C.46:8B-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 9 of P.L.1969, c.257 (C.46:8B-9) is amended to read as follows:

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.46:8B-1 et seq.).

(b) A name, including the word "condominium" or followed by the words "a condominium," by which the property shall thereafter be identified.

(d) A survey of the condominium property in sufficient detail to show and identify 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 1 of P.L.2011, c.217 (C.46:26B-1).

(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.

(g) The proportionate undivided interests in the common elements and limited common elements, if any, appurtenant to each unit. These interests shall in each case be stated as percentages aggregating 100%, or as fractional interests, which in the aggregate shall equal the whole.

(h) The voting rights of unit owners.

(i) By-laws.

(j) A method of amending and supplementing the master deed, which shall require the recording of any amendment or supplement in the same office as the master deed before it shall become effective.

(k) The name and nature of the association and if the association is not incorporated, the name and residence address, within this State of the person designated as agent to receive service of process upon the association.

(l) The proportions or percentages and manner of sharing common expenses and owning common surplus.

(m) Any other provisions, not inconsistent with the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), as may be desired, including but not limited to restrictions or limitations upon the use, occupancy, transfer, leasing or other disposition of any unit (provided that any restriction or limitation shall be otherwise permitted by law) and limitations upon the use of common elements.

(cf: P.L.1997, c.211, s.4)

2. (New section) The amendment of a master deed by an executive board of a homeowners' association in reliance on amendments made to section 9 of P.L.1969, c.257 (C.46:8B-9) pursuant to section 1 of P.L. , c. (C. )(now before the Legislature as this bill) shall not require a vote of the members of the association.

3. This act shall take effect immediately.

STATEMENT

This bill would permit the master deed of a condominium to reflect the proportionate interest of the unit owners in the common and limited common elements of the condominium in fractions rather than percentages. The requirement under the current statute to reflect the undivided interests only in percentages results in some instances in a figure with an interminable number of digits. The bill will therefore allow a condominium to reflect these proportional interests either as a fraction or a percentage, as long as their sum equals the whole interest of the common and limited common elements.