58-3701 Name of act; citation.

58-3701. Name of act; citation. This act shall be known and may be cited as the “townhouse ownership act.” History: L. 1975, ch. 291, § 1; July 1.

58-3702 Definitions.

58-3702. Definitions. As used in this act, unless the context otherwise requires: (a) “Townhouse unit” means one single-family townhouse residential unit which may be joined together with at least one additional single-family townhouse residence by a common wall or walls, and/or roof, and/or foundation: Provided, however, That in any event, the term “townhouse unit” shall […]

58-3703 Scope of act.

58-3703. Scope of act. This act shall be applicable only to real estate which is submitted to the provisions hereof by duly executing and recording a declaration as hereinafter provided. History: L. 1975, ch. 291, § 3; July 1.

58-3704 Townhouse units.

58-3704. Townhouse units. Each townhouse unit, together with all rights appurtenant thereto, shall for all purposes constitute real property. History: L. 1975, ch. 291, § 4; July 1.

58-3705 Covenants, conditions and restrictions.

58-3705. Covenants, conditions and restrictions. Each townhouse unit owner shall comply with all the covenants, conditions and restrictions set forth or referred to in the declaration and all amendments thereto. History: L. 1975, ch. 291, § 5; July 1.

58-3706 Declaration; contents.

58-3706. Declaration; contents. The declaration shall contain the following particulars: (a) Description of the real estate on which the townhouse units are or are to be located. (b) Description of the townhouse units. (c) Description of the common areas and facilities. (d) All common expenses and the method by which such expenses may be incurred […]

58-3707 Recordation of declaration and legal description; plat not recorded, when.

58-3707. Recordation of declaration and legal description; plat not recorded, when. (a) There shall be recorded simultaneously with the declaration, at the office of the register of deeds, one or more plats of survey showing the legal description, the location and dimensions of the submitted land, the location and description of any land which may […]

58-3708 Amendments to declaration.

58-3708. Amendments to declaration. The declaration, any amendment, or amendments thereof, any instrument by which the provisions of this act may be waived, and every instrument affecting the common area and facilities, or any townhouse unit, shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded. […]

58-3709 No exemption from liability.

58-3709. No exemption from liability. No townhouse unit owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities, or by abandonment of his or her townhouse unit. History: L. 1975, ch. 291, § […]

58-3710 Common expenses; liens; foreclosure sale.

58-3710. Common expenses; liens; foreclosure sale. All sums assessed by the association, but unpaid, for the share of the common expenses chargeble to any townhouse unit shall constitute a lien on such townhouse unit prior to all other liens except (i) tax liens on the townhouse unit in favor of any assessing unit and special […]

58-3711 Same; effect of conveyances.

58-3711. Same; effect of conveyances. In a voluntary conveyance, the grantee of a townhouse unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his or her share of the common expenses up to the time of the grantor conveyance, without prejudice to the grantee’s right to […]

58-3712 Insurance coverage; proceeds; blanket coverage.

58-3712. Insurance coverage; proceeds; blanket coverage. The declaration shall require each townhouse owner to maintain fire and extended coverage insurance against loss or damage by fire or other casualty to the full replacement value of the townhouse unit, excluding land, foundation and excavations. The declaration shall require that such insurance shall provide for payment for […]

58-3713 Townhouse units unaffected, when.

58-3713. Townhouse units unaffected, when. No townhouse unit created prior to the effective date of this act shall be affected by this act without the consent of all townhouse owners and their first mortgagees expressed in an amended declaration duly recorded. History: L. 1975, ch. 291, § 13; July 1.