New Jersey Real Estate Practice 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 provision's invalidation does not inherently affect the second provision, which is a separate requirement pertaining to the use of the units. Therefore, the second provision remains enforceable, as it stands independently.
Option B, while true that condominiums are typically for residential use, does not address the legal implications of the court order on covenants.
Option C incorrectly suggests that all provisions become invalid when one is struck down; this is not the case in legal contexts where covenants can be severable.
Option D misunderstands the legal process; the developer does not need unanimous consent to maintain valid provisions that are unaffected by the court's ruling.
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