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KIM v. FLAGSHIP CONDOMINIUM

744 A.2d 227 (2000)

Sang-Hoon KIM, Plaintiff/Appellant, v. FLAGSHIP CONDOMINIUM OWNERS ASSOCIATION Defendant/Respondent, and Flagship Hotel Management Corporation, j/s/a, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 2000.

Attorney(s) appearing for the Case

Callaghan, Thompson & Thompson, Atlantic City, for plaintiff/appellant (Edward M. Thompson, on the brief).

Hueston, McNulty & Mueller, Florham Park, for defendant/respondent (Samuel J. McNulty, of counsel and on the brief).

Before Judges, BROCHIN, EICHEN and WECKER.

The opinion of the court was delivered by WECKER, J.A.D.

This appeal requires us to address the fiduciary relationship between a condominium association and an individual unit owner who is a member of the association. We conclude that when a condominium association allows a third party the virtually exclusive right to market and operate a hotel-type rental program, including access to its members and use of a common area of the premises, the Association has a fiduciary...

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