Page 7 - CooperatorNews New Jersey Spring 2021

NJ.COOPERATORNEWS.COM COOPERATORNEWS NEW JERSEY — SPRING 2021 7 QUESTIONS & ANSWERS Legal Q A& Know Your Bylaws! Q I live in and own a condo in a four-unit condo building. One unit is occupied by the presi- dent and treasurer of the board of direc- tors. I am away for a few months, and gave permission to a dear friend to use my condo for a few days. The president and treasurer flipped out and told my friend that she may not enter my condo, or they will call the police. I was FaceTiming my friend during this encounter and telling her to go in and not be bullied. The presi- dent told me the bylaws say that I need to ask for written permission from the board to allow a friend to stay in my condo. Is this ridiculous? Is this a power trip? We have no association, just us four units. What should I do? —Needing Answers A “The answer to your ques- tion will be in your condo- minium association’s gov- erning documents,” says attorney Anne P. as the ‘governing documents.’) It is the sonable and in furtherance of lawful pur- Ward, of counsel in the Newark office of bylaws which govern, in detail, the daily poses of the Act and the condominium’s law firm Ehrlich, Petriello, Gudin & Pla- za. “To begin, you should be aware that all condominium. (The Act, N.J.S.A. 46:8B- condominiums are governed by the New 13.) Moreover, the bylaws empower the tion has a fiduciary duty to ‘exercise its Jersey Condominium Act, 46:8B-1 et seq association, acting through its board of powers and discharge its functions in a (‘the Act’). An ‘association’ is defined in directors (‘the board’), to adopt rules and manner that protects and furthers…the the Act as ‘the entity responsible for the regulations governing use of the condo- administration of a condominium, …’. A minium property including, to an extent, residents of the community.’ (The Act, condominium is created by the record- ing of a Master Deed. The Master Deed creates an association for each condo- minium and vests that association with unit automatically become members of members. (The Act, N.J.S.A. 46:8B-146 responsibility for the management of the the association; they are, therefore, auto- condominium property. By definition, matically subject to the association’s rules the condominium property includes the and regulations. common elements, limited common ele- ments, and condominium units. (The Act, association irrespective of its size. While the rental of units. Almost all associations N.J.S.A. 46:8B-3(i); N.J.S.A. 46:8B-12.) your condominium may only have four curtail the duration of rentals in order to While a condominium unit is owned in units, it must have an association. It also prevent transient and hotel type arrange- fee title, an association may still impose must have bylaws which govern the use ments. In addition, the condominium reasonable restrictions on its use. (The and operation of the common elements, property is also subject to local zoning Act, N.J.S.A. 46:8B-15.) “The bylaws of an association are part minium units. To state the obvious, this persons permitted in a unit. of the Master Deed. (The Master Deed would include your unit. Restrictions on and the bylaws are generally referred to the use of units are lawful if they are rea- administration and management of the governing documents. private units. “I have never seen bylaws that do not to preserve and protect the common ele- provide that all owners of a condominium ments and areas for the benefit of all its “Moreover, the foregoing applies to an on the premises. Some simply prohibit limited common elements, and condo- “Please keep in mind that an associa- health, safety, and general welfare of the N.J.S.A. 46:8B-14(j).) It also has a duty and (c).) “As a result, many boards adopt rules regulating the presence of third parties laws which probably limit the number of “Such limitations are adopted for two continued on page 21