The New Jersey Condominium Act serves as a blueprint as to how a condominium is established, organized, and run, while also providing requirements as to how the association transitions from the developer.
Condominium Establishment - In accordance with the New Jersey Condominium Act, a condominium may be built or established through county record with the acknowledgment of all owners on the mater deed.
Mater Deed - The master deed includes acknowledgement that the building must comply with the provisions in the Condominium Act, the name of the property, a description of the land, a survey of the property, the identification of each condominium unit, the voting rights of unit owners, by-laws, name of the association and additional provisions.
Unit Deeds - Under the Condominium Act, deeds or leases should be provided to the owner or tenant of the individual condominium units. This deed must include the name of the condominium, the unit the deed is intended for, the name of the unit owner and a statement of the proportionate undivided interest.
Attorneys at Sobel Han are well versed in the area of condominium law. We can provide you with the following services:
- Implementing and execution of special assessment upon owners;
- Collection of unpaid maintenance fees;
- Preparation and enforcement of bylaws and governing documents;
- Representation of the condominium association during negotiations with outside vendors;
- Rendering legal opinions concerning the legality of actions contemplated by officers, directors and trustees;
- Presiding over mediation or other ADR proceedings as required by the Condominium Act;
- Attending monthly Board meetings and assisting in running annual meetings;
- Counseling Boards on proper corporate governance;
- Advising Boards on requests for reasonable accommodation by disabled residents;
- Providing legal opinions interpreting the Master Deed and Bylaws;
- Preparing Master Deed and By-Law amendments;
- Enforcing Rules and Regulations, Covenants and Restrictions;
- Negotiating and drafting all contracts;
- Securing compliance with the Municipal Services Act.
The New York Condominium Act, also known as Article 9b of the Real Property Law, provides the framework for the establishment and operation of condominiums in New York. Although the New York Condominium Act details a number of matters such as a board's authority to gain access and collection of common charges, some of the more important provisions include the following:
• Details the powers and duties of the board.
• Explains methods to remove the board and elect new people in the positions.
• Describes the operation of the property including the hiring and firing of employees.
• Lists restrictions on the use of property.
The Act requires unit owners comply strictly with the bylaws, regulations, resolutions and decisions of a board. The Act also sets forth the parameters of rules and regulations that condominium boards must follow. Often times if an owner or condominium board fails to adhere to the Act, a tactful reminder of the obligations is all that is necessary to diffuse most disputes.