CAI-NJ Sept.2018(w)(1)
plans must identify those improve- ments that must be built or need not be built. • Default declaration amendment provisions are set forth so that unless the declaration provides otherwise, a declaration may be amended by a vote of 67 percent of those voting, provided at least
one-half of the full membership votes. • As some common interest com- munities age, there may be cases where it would be preferable that the property of those communities be redeveloped. To allow this to occur reasonably, UCIOA allows 80 percent of the owners to vote CONT I NU E S ON PAGE 51
“The new UCIOA will apply to all forms of common interest communities...”
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• Unless otherwise provided in a declaration, the boundaries of a unit are defined by UCIOA. In many instances, current documents are vague or imprecise in the way they define unit boundaries. UCIOA will assist in resolving those ambiguities. • There is a provision setting forth the required contents of a declaration that creates a common interest com- munity. Unlike today, where only the Condominium Act provides for the requirements to be contained in a master deed, this will be consistent for all forms of common interest com- munities. It further details an obliga- tion under which the developer must set forth what development rights it retains in each parcel added to the common interest property. It also mandates that associations main- tain reserves for the replacement or repair of the common elements. • Legible plats and plans are required to be part of a declaration and the details to be included in those plats and plans is set forth. Today, many plans attached to a master deed or declaration are reduced to such a small size that they are virtual- ly unreadable. The new act will address that. Further, the plats and
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