N.J. Stat. Ann. § 46:8C-1 et seq. § 46:8C-14
Compliance as prerequisite to recording
Operative Text
5. In addition to other prerequisites for recording, no deed evidencing transfer of title to a private residential leasehold community land shall be recorded in the office of any county recording officer unless accompanying the application to transfer the title is an affidavit annexed thereto in which the owner of the private residential leasehold community certifies: a. with reference to an offer by the landowner for the sale of the land, the landowner has complied with the provisions of section 2 of P.L.1991, c.483 (C.46:8C-11); or b. with reference to an offer received by the landowner for the purchase of the land, or with reference to a counteroffer which the landowner has made or intends to make to such an offer, the landowner has complied with the provisions of section 3 of P.L.1991, c.483 (C.46:8C-12); or c. notwithstanding the landowner’s compliance with section 2 or 3 of P.L.1991, c.483 (C.46:8C-11 or C.46:8C-12), as applicable, no contract has been executed for the sale of the land between the landowner and a resident homeowner group; or d. the provisions of sections 2 and 3 of P.L.1991, c.483 (C.46:8C-11 and C.46:8C-12) are not applicable to a particular sale or transfer of the land by the landowner, and compliance therewith is not required; or e. a particular sale or transfer of the land is exempted from the provisions of sections 2 through 5 of P.L.1991, c.483 (C.46:8C-11 through C.46:8C-14). L.1991,c.483,s.5; amended 1995,c.365,s.5; 2025, c.362, s.9.
Under N.J.S.A. 46:8C-14, a deed transferring ownership of private residential leasehold community land cannot be recorded with a county recording officer unless the landowner submits a sworn affidavit alongside the application. That affidavit must certify one of several specific conditions: that the landowner followed the required offer and notice procedures for resident homeowner groups, that no contract with such a group resulted, that those procedures do not apply to the particular transaction, or that the transaction falls within a recognized exemption. The provision functions as a procedural gate — the recording process is blocked until the affidavit requirement is satisfied.
Plain English — not legal advice.
Landowners seeking to transfer title to private residential leasehold community land in New Jersey must ensure that a compliant affidavit is prepared and annexed to the recording application before any deed can be accepted by the county recording officer under N.J.S.A. 46:8C-14. The affidavit must accurately reflect which of the enumerated conditions applies — such as compliance with the offer procedures in C.46:8C-11 or C.46:8C-12, the absence of a resulting contract, inapplicability of those sections, or a recognized exemption. Operators and their counsel typically review the transaction's history against each certification option well in advance of the intended recording date to avoid delays at the county office.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 46:8C-14 is designed to protect residents of private residential leasehold communities by ensuring that landowners cannot quietly transfer title without first certifying compliance with the notice and offer rights established elsewhere in P.L.1991, c.483. If a deed is recorded without the required affidavit, residents and their representatives may have grounds to challenge the validity of that recording. Tenants in these communities who believe a transfer occurred without proper certification can look into contacting a tenant-rights organization or consulting with an attorney familiar with New Jersey leasehold community law to understand what remedies may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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