New Jersey § 46:8c-12
Full text of New Jersey New Jersey Statutes § 46:8c-12, with citation guidance and answers to common questions.
§ 46:8c-12.
a. If a private residential leasehold community landowner receives a bona fide offer to purchase the land that he intends to consider or make a counter-offer to, he shall notify the directors or trustees of the homeowners' association within 10 business days of receiving the offer, if
such an association has been formed in accordance with the provisions of sections
6 through 8 of this act, 1 that he has received the offer. If a homeowners' association has not been formed, the landowner shall, within 10 business days, notify individual homeowners as required under section
6 of this act. The landowner shall not conclude any agreement to sell the land until after the 30-day period therein specified has elapsed. b. Upon receipt of such notice the board of directors or trustees of the homeowners' association shall appoint from among its members a committee,
not exceeding three persons, who may be assisted by such legal and other professional
and technical counsel as the board may provide, to receive from the landowner the price and terms of the offer that has been made, and to negotiate the terms upon
which the landowner would be willing to sell the private residential leasehold community land to the homeowners' association. Members and assistants to the committee shall be pledged to maintain in confidence
any information disclosed to them by the landowner in the course of such negotiations . If any such member or assistant fails to maintain that confidence, the landowner may
bring an appropriate action at law for damages or seek an appropriate equitable remedy . c. Not later than the 30th day next following its receipt of offering terms pursuant
to subsection b. of this section, or following a period of extension agreed to by
the committee and the landowner , the committee appointed pursuant to subsection b. of this section shall report to
the board of directors or trustees of the homeowners' association the price and other material terms upon which the private residential leasehold community landowner has agreed to sell the private residential leasehold community land to the association. In the absence of any agreement between the landowner and the committee, the landowner shall be deemed to agree to such sale upon the identical terms communicated by him
to the committee pursuant to subsection a. of this section. The report of the committee shall include such supporting data and documentation
as the committee and the landowner have agreed upon to be so submitted and authorized to be disclosed. The price and other terms so agreed upon and reported shall be binding upon the landowner for 10 days next following the submission of the committee's report, and if agreed
to by the board of directors or trustees of the homeowners' association and consented to by two-thirds of the homeowners in
that private residential leasehold community land shall constitute a contract of sale. d. During the period provided for negotiations and for consideration by the association's
board of directors or trustees under subsection c. of this section the landowner shall not conclude any agreement for sale of the private residential leasehold community land to any other party, but may negotiate with any other party as to terms and conditions
of such an agreement, contingent upon the failure or refusal of the homeowners to
exercise their prior right of purchase under this act. 1
N.J.S.A. §§ 46:8C-15 to 46:8C-17.
Frequently Asked Questions About New Jersey § 46:8c-12
What does New Jersey Statutes § 46:8c-12 cover?
Section 46:8c-12 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 § 46:8c-12?
A common citation format is "New Jersey Statutes § 46:8c-12" (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 § 46:8c-12 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.