New Jersey Real Estate License Exam Practice Question
A condominium developer has two restrictive covenants in the declaration of restrictions. One is that all units be owned by unmarried persons, and the other is all units must be used for residential purposes. If the first provision is declared invalid by court order, will the second remain in force?
Correct Answer: A
Rationale: The first option is correct; the second provision remains in force because it is independent of the first. The court's invalidation of the ownership restriction does not inherently affect the residential use requirement, as they serve different purposes.
Option B is misleading; while condominiums are typically residential, the reason for the second provision's validity lies in its independence from the first, not merely because of its nature.
Option C is incorrect; the invalidation of one provision does not automatically invalidate others unless they are interdependent, which is not the case here.
Option D is also wrong; a developer does not need unanimous agreement from all parties for a valid provision to remain enforceable after another is invalidated.
Unlock All Questions
Subscribe to Premium for full access to all practice questions, detailed rationales, and performance tracking.
Subscribe Now