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Maverick, Lawyer
Category: Real Estate Law
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Experience:  20 years professional experience
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State of New Jersey HOA Master Deed By-Law clarification

Customer Question

State of New Jersey HOA Master Deed By-Law clarification question.
RESTRICTIONS: The Condomimium is subject to all covenants, restrictions and easements of record and to the following restrictions:
A., B., C. ..
Question regarding D:
NO trailers, tractor, truck (commercial or unlregistered), mobile home, recreation vehicle, BOAT, BOAT TRAILER or motorcycle SHALL BE STORED OR HOUSED ON THE PROPERTY.
Would the above apply to a garage shared by two of the condo units in the building?
One of the owners is storing three wave runners which in State of NJ is a vessel classified as a boat.
Submitted: 3 months ago.
Category: Real Estate Law
Customer: replied 3 months ago.
The State of New Jersey Department of Department of Community Services (Plannned Real Estate Development Department - Association Regulations Department) confirmed that all items under that Article VII applies to BOTH USE OF UNITS AND COMMON AREAS. The shared garage between 2 of the units falls under "Use of Unit". Is that correct?
Customer: replied 3 months ago.
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Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Customer: replied 3 months ago.
I need an answer today if possible
Expert:  Maverick replied 3 months ago.

It is on its way...I am about to type it

Expert:  Maverick replied 3 months ago.

It seems pretty clear that when the language states on the "ON THE PROPERTY" it includes (i) the common areas, (ii) the limited common areas, and (iii) the units. Contained within the definition of common elements is reference to property “specifically reserved or limited to a particular unit or group of units,” i.e. limited common elements. The Act defines limited common elements as “those common elements which are for the use of one or more specified units to the exclusion of other units.”N.J.S.A. §46:8B-3(k).

So the shared garage is technically a "limited common element" and not a unit.

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