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PROP. OWNERS ASS'N v. CONDO. ASS'N

852 A.2d 132 (2004)

180 N.J. 361

BRANDON FARMS PROPERTY OWNERS ASSOCIATION, INC., Plaintiff-Respondent, v. BRANDON FARMS CONDOMINIUM ASSOCIATION, INC., Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 19, 2004.

Attorney(s) appearing for the Case

Peter O. Hughes, Morristown, argued the cause for appellant (Ogletree, Deakins, Nash, Smoak & Stewart, attorneys).

Robert L. Grundlock, Jr., Princeton, argued the cause for respondent (Rubin, Ehrlich & Buckley, attorneys).

Ronald L. Perl, Princeton, submitted a brief on behalf of amicus curiae, Community Associations Institute, Inc. (Hill Wallack, attorneys; Mr. Perl, Samuel J. McNulty, Andrew T. McDonald and Jessica F. Battaglia, on the brief).

Justice WALLACE delivered the opinion of the court.

In this case, the primary issue is whether the Condominium Act (Act), N.J.S.A. 46:8B-1 to -38, permits a developer to require a condominium association to be responsible for assessments owed by individuals of the association to an "umbrella" organization. The trial court invalidated the scheme. In an unpublished opinion, the Appellate Division reversed. We granted certification, 178 N.J. 35, 834 A.2d 407 ...

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