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Terms Used In New Jersey Statutes 45:22A-45.4

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
2. a. An association in a community established prior to the effective date of the “Planned Real Estate Development Full Disclosure Act,” (“PREDFDA”), P.L.1977, c.419 (C. 45:22A-21 et seq.), shall not be permitted to require property owners to pay assessments and other charges where the property owner’s title record does not impose such an obligation, unless otherwise provided by law.

b. If, after July 13, 2017, an association has recorded a lien against an owner’s property for non-payment that is based solely on the misinterpretation that P.L.2017, c.106 imposed new responsibilities on property owners to pay an association’s assessments or other charges, pursuant to P.L.2020, c.100 (C. 45:22A-45.3 et seq.), the lien shall be null and void. The association shall promptly discharge such lien of record and provide notice of this action to the property owner. If an association fails to discharge such null and void lien, the owner may bring an action to have the lien discharged and, if successful, shall be entitled to petition the court for an award of counsel fees.

L.2020, c.100, s.2.