Current through Register Vol. 56, No. 18, September 16, 2024
(a) Rules
concerning documents with respect to the registration of subdivisions with the
Commission and to the sale of interests in out-of-State subdivisions pursuant
to the Act are as follows:
1. All statements
of record submitted to the Commission shall be bound, referenced and properly
indexed with the exception of those received from the Office of Interstate Land
Sales Registration, U.S. Department of Housing and Urban Development.
2. With the exception of the affidavits and
affirmations referenced in (a)5 below, documents submitted to the Commission
may be filed on a properly bookmarked and indexed computer disc (CD ROM) or
other electronic medium acceptable to the Commission. All paper documents
submitted to the Commission for filing shall, wherever possible, be typewritten
on one side of the paper only. One copy of each exhibit or document shall be
submitted, unless the Commission requests more than one copy. All documents
submitted to the Commission shall not exceed 8 1/2 x 14 inches. The Commission
will make exceptions for documents which an applicant for registration cannot
reasonably reduce, such as topographical maps, plat maps and surveys, if such
documents can be folded to 8 1/2 x 14 inches. Where the Commission requires
certified documents and the applicant cannot obtain reduced certified
documents, the applicant may reduce such documents and submit therewith an
affidavit verifying such document. All documents submitted pursuant to these
rules shall become part of the Commission's public records.
3. An applicant may submit photographs as
part of the application for registration. Photographs shall not be used in lieu
of the legal description of the registered property or any other required
written documents.
4. An applicant
may submit verified copies of original documents.
5. An affidavit or affirmation as prescribed
in the Commission's forms shall be executed for each of the following
documents:
i. Statement of record, partial
statement of record;
ii.
Application for consolidated registration;
iii. Application for amendment to Order of
Registration;
iv. Annual report of
registered properties;
v. Statement
of Non-conviction and partner, officer, director or principal
disclosure;
vi. Consent(s) to
service of process; and
vii.
Broker's Affidavit and application for release.
6. A certified property report and statement
of record of the Office of Interstate Land Sales Registration, Department of
Housing and Urban Development, may be filed as a statement of record conforming
to the requirements of the Act, provided the following documentation shall also
be submitted:
i. Consent(s) to service of
process;
ii. Audited financial
statement(s) as provided in
11:5-6.4(a)15;
iii. A statement detailing any bonding or
security agreements entered into;
iv. Broker's Affidavit and application for
release;
v. A copy of each contract
to be used in the sale of property in the development to New Jersey
purchasers;
vi. Statement of
Non-conviction and partner, officer, director or principal
disclosure;
vii. A copy of the
articles or certificate of incorporation;
viii. Application/affidavit of developer;
and
ix. Such other additional
documents or proofs that may be requested.
7. The acceptance of the certified report and
statement of record of the Office of Interstate Land Sales Registration may be
conditioned upon an acceptable on-site inspection by the Commission or its
designee. No marketing or sales activity will be permitted in New Jersey until
all the proper authorizations have been received by the applicant and broker
from the Commission.
8. Any
applicant who wishes to register a subdivision which has been similarly
registered in this State or any other state where the requirements of that
registration are substantially similar to those imposed by this subchapter, may
submit a certified copy of the approved application for registration filed in
such other jurisdictions. In the event the Commission finds upon review that
such an application substantially conforms to the standards and requirements
imposed by the Act and this subchapter, the Commission may register such
property; provided, however, that prior to such registration, the Commission
may require submission of such supplemental documents and information as it may
deem necessary.
9. Nothing herein,
or in the Act, shall be construed to require an applicant to whom an Order of
Registration has previously been issued to file any additional documents or
affidavits with the Commission other than notices of amendments or requests for
approval of material change(s) and annual reports prior to the expiration of
that Order of Registration.
(b) The forms used by the Bureau of
Subdivided Land Sales Control in the New Jersey Real Estate Commission are
listed in the table below.
1. Broker-Developer
application/affidavit
2. Statement
of Non-conviction and partner, officer, director or principal
disclosure
3. Consent to Service of
Process
4. Annual report of
registered properties
5.
Application for limited exemption or complete exemption
6. New Jersey Public Offering
Statement--Timeshare (may not be required where situs state Public Offering
Statement is deemed acceptable)
7.
New Jersey Public Offering Statement--Non-timeshare (may not be required where
situs state Public Offering Statement is deemed acceptable)
8. Application for Registration
Questionnaire