New Jersey Bylaws of Unincorporated Association of Subdivision Residents
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How to fill out Bylaws Of Unincorporated Association Of Subdivision Residents?
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FAQ
? THE ?COMMON ELEMENTS? are all those parts of the condominium lands or property that are not designated as units. That is, any part of the condominium property that is not a unit is common element. The common elements are owned by all of the unit owners as tenants in common.
If you do not have a copy of the ?Common Interest Community Association Complaint? form, you may obtain one from the internet at .state.nj.us/dca under the Division of Codes and Standards, Bureau of Homeowner Protection, or call 609 984-7574 and ask that the form be sent to you.
Unlike the common elements, the limited common elements are restricted to the use of one or a few unit owners. The right to use limited common elements is appurtenant to one unit or group of units, meaning that the right to use the limited common elements is tied directly to that unit or units' ownership.
In other words, HOA rules cannot override state or federal laws, nor can they contradict the city or county ordinances that govern the area in which the HOA is located.
Any limited common element or common element property which is damaged by a Unit Owner's negligence or neglect or by their family members, pets, or guests becomes the responsibility of the Unit Owner to repair/replace and at the Unit Owner's sole cost and expense.
Maintenance, repair, and replacement of a limited common element is usually the responsibility of the association except to the extent the declaration shifts that duty to the unit owner.
The Department of Community Affairs is charged with enforcing the law. Recommended Reading: New Jersey Administrative Code - Planned Real Estate Development Full Disclosure Act Regulations - N.J.A.C.
?In a typical condominium association, all domestic plumbing contained within the walls (risers) belongs to the association. Conversely, the owner's responsibility is on their side (or inside) of that wall.
