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State of New Jersey HOA Master Deed By-Law clarification

Customer Question
question. VII. - LIMITATIONS ON USE...
State of New Jersey HOA Master Deed By-Law clarification question.
VII. - LIMITATIONS ON USE OF UNIT AND COMMON ELEMENTS
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: 1 year ago.Category: Real Estate Law
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Customer reply replied 1 year 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 reply replied 1 year ago
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7/8/2016
Real Estate Lawyer: Maverick, Lawyer replied 1 year ago
Maverick
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Customer reply replied 1 year ago
I need an answer today if possible
Real Estate Lawyer: Maverick, Lawyer replied 1 year ago

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

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Real Estate Lawyer: Maverick, Lawyer replied 1 year 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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