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MICHEVE v. WYNDHAM AT FREEHOLD CONDOMINIUM ASSOCIATION

885 A.2d 35 (2005)

381 N.J. Super. 148

MICHEVE, L.L.C., Plaintiff-Respondent, v. WYNDHAM PLACE AT FREEHOLD CONDOMINIUM ASSOCIATION, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 2005.

Attorney(s) appearing for the Case

Kenneth W. Biedzynski argued the cause for appellant (Goldzweig, Farrell & Green, attorneys; Mr. Biedzynski, of counsel and on the brief).

Virginia Kilcoyne argued the cause for respondent (Bruce H. Dexter, attorney; Ms. Kilcoyne, on the brief).

Before Judges SKILLMAN, PAYNE and LEVY.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The question presented by this appeal is whether a condominium association may impose a non-refundable capital contribution fee whenever there is a transfer of title to a condominium unit. We conclude that such an imposition violates the provisions of the Condominium Act, N.J.S.A. 46:8B-1 to -38, which require the common expenses for maintenance of a condominium's common elements to be charged...

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