By Stuart Lieberman | Published March 12, 2014 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Tagged Tags: Common Areas, Condominium Act, Construction Defects, Construction Litigation, contracting, Jersey City, New Jersey Appellate Division, Standing | Leave a comment
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Category Archive
Condominium Associations
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⟨ Court Permits Condo Association to Pursue Contractors for Common Area Damage Absent Unit Owner Approval
In Port Liberte II Condominium Association v. New Liberty Residential Urban Renewal Company, the NJ Appellate Division reinstated a condominium association’s multi-million dollar lawsuit over construction defects, holding that the contractors sued by the Association lacked standing to enforce a bylaw requiring unit owners to approve the litigation before it is filed. The Court further Read More
Read MoreCourt Rules in Favor of Community Association Business Judgment Rule
The New Jersey Appellate Division recently addressed a community association case, Apple Ridge Condominium Association v. Rodgers, in which a unit owner alleged that the Association caused him to be rejected for a reverse mortgage on his condominium by engaging in bad faith through its involvement in a lawsuit with a group of fee simple Read More
Read MoreCondo Association Not Liable for Icy Sidewalk Fall
Icy Sidewalks Find an Audience with the Appellate Division Winter is in full effect. With sidewalks covered in snow, falls on ice are occurring throughout the state. Community associations concerned about their liability regarding these falls can refer to the recent Appellate Division decision in Cuiyun Qian v. Toll Bros. The plaintiff resided with her Read More
Read MoreNJ Appellate Division Addresses Condo Associations, Developers, & Lawsuits
Recently, the New Jersey Appellate Division in Belmont Condominium Association v. Geibel addressed the issue of when a condominium association has standing to sue a developer. The case involved a thirty-four unit condominium building in Hoboken called the Belmont. Seven years after the sale of the last unit, the community association sued the developer for Read More
Read MoreLimiting Liability for Condominium, Homeowner and other Community Associations
On March 20, 2013, the Superior Court of New Jersey ruled in Irma Sanchez v. The Villages Association that the burden of proving the validity of a community association’s bylaws limiting its liability in personal injury cases rests with the injured plaintiff. It is beneficial for community associations, their boards, professional managers and unit owners Read More
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