Is Your New Jersey Condominium in Compliance with the Law? Mandatory New Jersey Insurance Requirements

The New Jersey legislature created the Condominium Act to set out guidelines that condominiums must follow. Title 46 of the New Jersey Statutes addresses property specifically, and section 46:8B-14 addresses the responsibilities of the condominium association.

Section 46:8B-14 states:

14. The association, acting through its officers or governing board, shall be responsible for the performance of the following duties, the costs of which shall be common expenses:

….

(d) The maintenance of insurance against loss by fire or other casualties normally covered under broad-form fire and extended coverage insurance policies as written in this State, covering all common elements and all structural portions of the condominium property and the application of the proceeds of any such insurance to restoration of such common elements and structural portions if such restoration shall otherwise be required under the provisions of this act or the master deed or bylaws.

(e) The maintenance of insurance against liability for personal injury and death for accidents occurring within the common elements whether limited or general and the defense of any actions brought by reason of injury or death to person, or damage to property occurring within such common elements and not arising by reason of any act or negligence of any individual unit owner.

Subrogation is not mentioned in the Act. Additionally, the Act does not address whether unit owners may obtain their own insurance policies to provide further coverage. Since the Act does not explicitly prohibit additional insurance, unit owners should consider purchasing individual insurance policies to provide supplemental coverage.

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