Condominium Creation

• In New Jersey, the method for creating a condominium is to record a master deed "executed and recorded by all the owners" in the office of the county recording officer, where the property is to be situated. Such a master deed must contain certain required elements. The elements include a name, which must be followed by the word "condominium" or "a condominium." The property will then be identified by that name. The master deed must also contain a legal description of the land and a detailed survey of the condominium property. Such a survey shall only be carried out by a professional engineer, surveyor or engineer who is qualified to practice in the state of New Jersey. The different units in the condominium must also have a name or unit number which will be used to identify them.
  
  

Administration

• Section 46: 8B-12.1 of the New Jersey Condominium Act deals with the administration of the condominium. This law says that the association stated in the master deed will be responsible for the management and administration of the condominium. It also states that if unit owners, not administrators, own more than 25 percent of the units in the condominium property, they should be eligible to elect nothing less than 25 percent of the governing board or administrative body of the condominium.
  
  

Liens

• A lien is a legal right to the property of another arising out of the failure to repay a creditor or to pay a contractor for services rendered by the property owner. For instance, failure to make payment on a loan used to purchase a condominium unit could lead to a judicial order of a lien of execution, giving the bank or other lender rights to that property. Under Section 46: 8B-20 of the New Jersey Condominium Act, any lien for labor that arises pertaining to any condominium unit will only apply to that unit, and not the whole condominium property. As such, failure to pay an electrician for services performed on any unit will only give rise to a lien of labor affecting only the unit on which he worked.
  
  

Damage and Destruction

• Section 46:8B-24 of the New Jersey Condominium Act requires the association to repair any damages or destruction to the condominium property. If such a property is covered by insurance, it will be the responsibility of the association to utilize the proceeds from such insurance to fix the damage. The law requires the unit owners who are directly affected by any damages to be equitably assessed so as to determine if they will share in the repairs.