New Jersey § 46:8a-2
Full text of New Jersey New Jersey Statutes § 46:8a-2, with citation guidance and answers to common questions.
§ 46:8a-2.
Unless it is plainly evident from the context that a different meaning is intended,
as used herein: (a) “ Apartment ” means an enclosed space consisting of one or more rooms occupying all or part of
a floor or floors in a building of one or more floors or stories, but not the entire
building, and notwithstanding whether the apartment be designed for residence, for
office, for the operation of any industry or business, or for any other type of independent
use, provided it has a direct exit to a thoroughfare or to a given common space leading
to a thoroughfare; (b) “Coowner” means a person, firm, corporation, partnership, association, trust or
other legal entity, or any combination thereof, who owns an apartment within the building; (c) “Council of coowners” means all the coowners as defined in subsection (b) of this
section; but a majority as defined in subsection (f) of this section, shall, except
as otherwise provided in this act constitute a quorum for the adoption of decisions; (d) “ General common elements ” means and includes: (1) The land on which the building is located; (2) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and
exit or communication ways; (3) The basements and roofs, except as otherwise provided or stipulated; (4) The premises for the lodging of janitors or persons in charge of the building,
except as otherwise provided or stipulated; (5) The compartments or installations of central services such as power, light, gas,
cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like; (6) The elevators, garbage incinerators and, in general all devices or installations
existing for common use; (7) Yards, gardens, walkways, parking areas, driveways, streets, picnic areas, recreational
areas and related facilities for the pursuit of activities, whether included in one
or more regimes or located adjacent to or between one or more regimes and intended
to be available for use by the coowners of all regimes, except as otherwise provided
or stipulated; and (8) All other elements rationally of common use or necessary to the existence, upkeep
and safety of the property; (e) “ Horizontal property regime ” means the form of ownership of real property which consists of the building or buildings,
common elements and other property described in the master deed creating and establishing
the same. (f) “ Limited common elements ” means and includes those common elements which are agreed upon by all the coowners
to be reserved for the use of a certain number of apartments to the exclusion of the
other apartments, such as special corridors, stairways and elevators, sanitary services
common to the apartments of a particular floor, and the like; (g) “ Majority ” or “Majority of coowners” means the coowners of at least 51% of all the apartments
in the regime; (h) “ Master deed ” means the deed establishing the horizontal property regime; (i) “ Person ” means an individual, firm, corporation, partnership, association, trust or other
legal entity, or any combination thereof; (j) “ Property ” means and includes all the lands, all the buildings, all improvements and structures
thereon, and all easements, rights and appurtenances belonging thereto, included in
one regime, or in two or more regimes, provided such regimes together constitute a
single community. (k) “ Regime ” means the property described in the master deed.
Frequently Asked Questions About New Jersey § 46:8a-2
What does New Jersey Statutes § 46:8a-2 cover?
Section 46:8a-2 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 46:8a-2?
A common citation format is "New Jersey Statutes § 46:8a-2" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 46:8a-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.