Search Rutgers Law Library N.J. Court Opinions

1 Cuiyun Qian v. Toll Brothers Inc. -- rank: 1000

... limited immunity that the Legislature conferred on homeowners associations under N.J.S.A. 2A:62A-13, protecting against liability from certain lawsuits by unit owners, confirms ... immunity given to “a qualified common interest community” under N.J.S.A. 2A:62A-13 is a legislative acknowledgement that common-law tort liability extends ... or grossly negligent act of commission or omission.” See N.J.S.A. 2A:62A-13(b). This case arises from an accident that occurred on ... homeowners associations from certain lawsuits brought by unit owners. See N.J.S.A. 2A:62A-13. N.J.S.A. 2A:62A-13(a) provides that a homeowners association may provide through its ... wanton or grossly negligent act of commission or omission.” N.J.S.A. 2A:62A-13(b). The purpose of the statute is to “ ...

docket:	A-95-13
court:	NJ Supreme Court
decided:	2015-08-12
status:
citation:	223 N.J. 124 121 A.3d 363
Document Size:	75742

2 IRMA SANCHEZ v. THE VILLAGES ASSOCIATION -- rank: 985

... a bylaw that restricts its premises liability in accordance with N.J.S.A. 2A:62A-13 to instances of willful, wanton, or grossly negligent conduct. We ... ordinary negligence do not satisfy the heightened liability standard of N.J.S.A. 2A:62A-13, we affirm the trial court's grant of summary judgment ... law, plaintiff's claims of ordinary negligence are precluded by N.J.S.A. 2A:62A-13, which provides: a. Where the bylaws of a qualified common ... be amended in accordance with section 2 of this act [ N.J.S.A. 2A:62A-13] unless the amendment is approved by the owners of at ... approve a bylaw 2 adopting the restrictive liability standard of N.J.S.A. 2A:62A-13 by a two-thirds vote required under N.J.S ... Because the association's bylaw adopting the liability restrictions of N.J.S.A. 2A:62A-13 has not been proven by plaintiff to be invalid, ...

docket:	a0147-12
court:	NJ Superior Court Appellate Division
decided:	2013-03-20
status:	unpublished
citation:
Document Size:	38874

3 JESSICA CARMONA v. WOODLANDS COMMUNITY ASSOCIATION -- rank: 724

... by their unit owners for personal injuries. In accordance with N.J.S.A. 2A:62A-13, Woodlands' condominium association by-laws provide: The Association shall not ... was barred from suing Woodlands for ordinary negligence pursuant to N.J.S.A. 2A:62A-13 and the association's by-laws. The judge further acknowledged ...

docket:	a3768-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-10
status:	unpublished
citation:
Document Size:	18178

4 MARION COSTA v. SHADOW LAKE VILLAGE CONDOMINIUM ASSOCIATION, INC. -- rank: 605

... of injuries occurring on the community's premises" pursuant to N.J.S.A. 2A:62A-13, which provides: a. Where the bylaws of a qualified common ... Arnold , 300 N.J. Super. 136 , 143 (App. Div. 1997). N.J.S.A. 2A:62A-13 allows a condominium association to restrict, through its by-laws ... act[s] of commission or omission" are proven. Ibid. Because N.J.S.A. 2A:62A-13 does not define gross negligence, we infer the Legislature intended ...

docket:	a3892-10
court:	NJ Superior Court Appellate Division
decided:	2013-09-25
status:	unpublished
citation:
Document Size:	36078

5 ELAINE DZIUBEK v. CEDAR GLEN LAKES, INC -- rank: 496

... its statutory immunity from claims for ordinary negligence pursuant to N.J.S.A. 2A:62A-13. Thereafter, we granted Tyger's motion for leave to appeal ...

docket:	a1785-15
court:	NJ Superior Court Appellate Division
decided:	2016-07-20
status:	unpublished
citation:
Document Size:	35168

6 THOMASG LECHLER v. 303 SUNSET AVENUE CONDOMINIUM ASSOCIATION, INC. -- rank: 474

... by-law immunizing it against negligence actions by unit owners. N.J.S.A. 2A:62A- 13(a). Thus, as the Court noted in Qian v. Toll ...

docket:	a1095-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-29
status:	published
citation:	452 N.J.Super. 574 178 A.3d 711
Document Size:	59402

7 CHARLES J. COTTELLI v. LEISURE VILLAGE EAST ASSOCIATION -- rank: 467

... provisions in a condominium association's bylaws are authorized by N.J.S.A. 2A:62A-13. Plaintiffs opposed the motion partly on the ground that they ... negligence" standard established by the condominium association bylaw authorized by N.J.S.A. 2A:62A-13. However, this determination should be made only after plaintiffs have ...

docket:	A0343-07
court:	NJ Superior Court Appellate Division
decided:	2008-06-18
status:	unpublished
citation:
Document Size:	24083

8 MARIO BASILE v. LEISURE VILLAGE WEST -- rank: 438

... to the law applicable to plaintiff's claims against LVW. N.J.S.A. 2A:62A-13 states: a. Where the bylaws of a qualified common interest ...

docket:	a4501-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-29
status:	unpublished
citation:
Document Size:	18660

9 CUIYUN QIAN v. TOLL BROTHERS INC -- rank: 413

... s own negligence resulting in personal injury. As authorized by N.J.S.A. 2A:62A-13, the bylaws provide that only willful, wanton or grossly negligent ...

docket:	a1352-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-07
status:	unpublished
citation:
Document Size:	43701

10 JOSEPH FERNICOLA v. PHEASANT RUN AT BARNEGAT -- rank: 358

... proof of gross negligence. The defense case is based on N.J.S.A. 2A:62A-13, which provides as follows: a. Where the bylaws of a ...

docket:	a2027-08
court:	superior court appellate division
decided:	2010-07-02
status:	unpublished
citation:
Document Size:	35050