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OWNERS v. WHITTINGHAM HOMEOWNERS

842 A.2d 853 (2004)

367 N.J. Super. 314

The OWNERS OF THE MANOR HOMES OF WHITTINGHAM, Plaintiffs-Appellants, v. WHITTINGHAM HOMEOWNERS ASSOCIATION, INC., Members of the Trustees of the Whittingham Homeowners Association for 1996, 1997, 1998, 1999 and 2000, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 2004.

Attorney(s) appearing for the Case

Lawrence S. Grossman, Morganville, argued the cause for appellant (Mr. Grossman, on the brief).

John E. Lamastra, Florham Park, argued the cause for respondents (Heim & McEnroe, attorneys; Mr. Lamastra, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and LEFELT.

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

The issue presented in this case is whether the Board of Trustees (Board) of a condominium homeowners association may change the method of calculating maintenance assessments several years after the condominium has been in operation. Based on the circumstances presented here and pursuant to the business judgment rule, we conclude that the Board has such authority.

The Whittingham Condominium...

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