NJ’s Condominium Act and Planned Real Estate Development Full Disclosure Act

cflorio on August 24, 2005

In what may be the first appeal of its kind, Stark & Stark’s Community Association group was able to secure the New Jersey Appellate Court’s reversal of a trial court’s refusal to order a common interest community developer to provide a very detailed affidavit, in accordance with New Jersey’s Condominium Act (PDF), N.J.S.A. 46:8B-12.1d (the “Condominium Act”), and New Jersey’s Planned Real Estate Development Full Disclosure Act, N.J.S.A 45:22A-21 et seq. (“PREDFDA”).
In this case, the condominium’s developer provided the plans, etc. it used to develop the project, but refused to provide an affidavit, as required by the Condominium Act, with a specific listing of each plan, by sheet number, content and last revision date. The trial court refused to order the developer to provide the affidavit. On appeal, Stark & Stark was able to convince the Appellate Court that the Condominium Act required the detailed information in the affidavit. The Appellate Court ordered the trial court to reconsider its earlier position, with additional facts, etc. from the condominium client.
With no reported cases in New Jersey interpreting the Condominium Act or PREDFDA in this respect, this case is important in helping condominiums protect their rights during and following a developer’s creation and development of a project.

Reader interactions

7 Replies to “NJ’s Condominium Act and Planned Real Estate Development Full Disclosure Act”

  1. ARM October 12, 2005 at 11:33 am

    Where on the computer can I obtain a copy of entire Condo Act of NJ

  2. Robyn Howlett October 19, 2005 at 1:14 pm

    I am in receipt of your inquiry as to where to find the Condo Act online. The following website provides the condo act in its entirety.

    http://www.harbortowncrossing.org/BRS/statutes.htm

    If you have any further questions or are in need of an attorney, I would be happy to assist as would the Stark & Stark Community Association group.

  3. TLB January 18, 2006 at 11:00 pm

    Can you please tell me if in the State of NJ there is a requirement for a upstairs unit owner to carpet their unit for reduction of noise to the lower units? Thank you.

  4. David Byrne January 26, 2006 at 9:57 am

    I am not aware of any such requirement. The obligations in this regard are generally found in the cooperative’s, or condominium’s, governing documents and rules.

  5. Jim January 27, 2006 at 4:31 pm

    A pipe burst at my attached neighbors condo. The pipe was a branch of the water main servicing our building. The failure occured before the units own shut-off valve and water meter located inside our common wall. Some of the other units have shut-off valves and meters buried outside. The only shut-off valve to stop the water is the water main shut-off valve itself. The two question I have are these:

    1. Our Public Offering Statement and By Laws state that we are responsible for utilities, only after the “Point of Disconnection from the pipes and systems servicing the dwelling unit”. Would that be the units own shut-off valve?

    2.Is this pipe a common element as it is before the units own shut-off valve?

    I could use some advise.

    Thank you.

  6. Edward Sherwood March 19, 2007 at 4:08 pm

    I am trying to get a copy of the complete NJ Condominium Act….tried the harbor town link in the discussion but could not get it to show.

    Any place else that I can get a comlete copy showing all of the article detail?

    i am tring to determine also if an annual audit is required by law for associations.

    thank you.

    ER SHERWOOD

  7. David Byrne March 22, 2007 at 10:37 am

    I would suggest consulting the “Gann Law Book” which a lot of attorneys in this field use – that contains a copy.

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