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CAPE MAY HARBOR VILLAGE v. SBRAGA

No. A-6122-09T1.

22 A.3d 158 (2011)

421 N.J. Super. 56

CAPE MAY HARBOR VILLAGE AND YACHT CLUB ASSOCIATION, INC., Plaintiff-Respondent, v. Deborah L. SBRAGA, Defendant-Appellant, and Fred Ahrens and Century 21 Gilmartin & Co., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 2011.

Attorney(s) appearing for the Case

John C. Eastlack, Jr. argued the cause for appellant (Weir & Partners LLP, attorneys; Mr. Eastlack , on the briefs).

Norman W. Briggs , Marmora, argued the cause for respondent (Briggs Law Office, LLC, attorneys; Mr. Briggs and Elizabeth F. Casey , on the brief).

Before Judges LISA, SABATINO and ALVAREZ.

The opinion of the court was delivered by

LISA, P.J.A.D.

The dispute in this case pertains to an amendment to the Declaration of Covenants and Restrictions (Declaration) of a private residential community in the City of Cape May known as Cape May Harbor Village and Yacht Club. The amendment prohibits homeowners from leasing their homes to third parties. Appellant, Deborah L. Sbraga, is a homeowner in the community. She leased her home in violation

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