A New Jersey condominium association's master deed specifies that unit owner Patricia holds a 2.5% undivided interest in the common elements. The association votes to sell a portion of the common elements — a parking lot — to a neighboring business. Patricia objects and refuses to sign the deed. Under the New Jersey Condominium Act, which of the following is most accurate?
Correct Answer
D) The sale can proceed with the percentage of unit owner approval specified in the master deed or bylaws for such transactions, which may be less than unanimous.
Under the New Jersey Condominium Act (N.J.S.A. 46:8B-1 et seq.), the disposition of common elements is governed by the master deed and bylaws of the condominium. While unit owners hold undivided interests in common elements, the Act permits the master deed or bylaws to specify a supermajority (commonly 80% or more) rather than requiring unanimous consent for certain transactions such as the sale of common elements. Patricia's individual objection does not automatically veto the sale if the required threshold of approvals is met under the governing documents.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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