Search Rutgers Law Library N.J. Court Opinions

1 PROTECT WENONAH: DO THE RIGHT THING v. COMBINED PLANNING/ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF WENONAH -- rank: 1000

... restricted communities . . . ." L. 2009, c. 82, §§ 1-15 ( N.J.S.A. 45:22A-46.3 to -46.16) (Conversion Act or Act). On the ... age-restricted development to a non-restricted development provided in N.J.S.A. 45:22A-46.6. That is a question of law that requires de ... restricted housing," in light of the "currently eroding economic conditions." N.J.S.A. 45:22A-46.3a, e. The Legislature found that "[w]hile no policy ... which meets the needs of households requiring smaller housing units." N.J.S.A. 45:22A-46.3d. The Legislature further determined that "[t]he shortage of ... years by a municipal preference for age-restricted . . . housing approvals . . . ." N.J.S.A. 45:22A-46.3e. On those findings and [u]nder currently deteriorating national ... Jersey's residents who require, smaller, more reasonably priced homes. [ N.J.S.A. 45:22A-46.3h.] The Conversion Act provides a comprehensive statutory scheme ...

docket:	a5375-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	36080

2 SHARBELL BUILDING COMPANY LLC v. PLANNING BOARD OF THE TOWNSHIP OF ROBBINSVILLE -- rank: 951

... we are called upon to principally apply the provisions of N.J.S.A. 45:22A-46.3 to -46.16, 1 which permit certain previously-approved ... Council on Affordable Housing pursuant to the 'Fair Housing Act.'" N.J.S.A. 45:22A-46.5(a)(3). Defendant Township of Robbinsville Planning Board (the ... single family units." Sharbell expressly sought this conversion pursuant to N.J.S.A. 45:22A-46.3 through -46.16. 3 An explanatory letter to the ... Cannuli noted that Sharbell's development furthered the goals of N.J.S.A. 45:22A-46.3(b) and -46.3(c). 5 Additionally, Cannuli testified ... pursuant to [ N.J.S.A. 40:55D-70(d)]. [ N.J.S.A. 45:22A-46.6(a)(1).] Cannuli concluded that "the construction of the ... strict compliance with the preconditions for approval set forth in N.J.S.A. 45:22A-46.5, the Planning Board finds that the Application cannot ...

docket:	a3181-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-02-13
status:	Published
citation:
Document Size:	46631

3 K. HOVNANIAN SHORE ACQUISITIONS, LLC v. MARLBORO TOWNSHIP PLANNING BOARD -- rank: 923

... restricted development to a non-age-restricted development, pursuant to N.J.S.A. 45:22A-46.3 to -46.16 (the Conversion Act). We affirm. Litigation ... confined to whether [Hovnanian]'s application satisfies the criteria of N.J.S.A. 45:22A-46.6(c)," the section of the Conversion Act requiring approval ... the application satisfied the "negative criteria" in the Conversion Act, N.J.S.A. 45:22A-46.6(c). Finally, in June and July 2013, the Board ... to the negative impact upon the surrounding community pursuant to N.J.S.A. 45:22A-46. b. The Board finds that because the Applicant could not ... detriment and negative impact upon the community in violation of N.J.S.A. 45:22A-46. c. The Board finds that ingress and egress in and ... have a negative impact upon the community in violation of N.J.S.A. 45:22A-46. d. The Board can make no judgment as to ...

docket:	a1074-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	31702

4 K. HOVNANIAN SHORE ACQUISITIONS, L.L.C. v. MARLBORO TOWNSHIP PLANNING BOARD -- rank: 900

... management. In July 2009, the Legislature enacted the Conversion Act, N.J.S.A. 45:22A-46.3 to -46.16 (the Act). Broadly stated, the Act ... of the units . . . w[ould] be provided as affordable units . . . ." N.J.S.A. 45:22A-46.5(a)(1) and (2). A "converted development" was defined ... development that will be marketed instead with no age restrictions." N.J.S.A. 45:22A-46.4. The Act requires a developer to submit to the "approving board" an application that complies with N.J.S.A. 45:22A-46.6. N.J.S.A. 45:22A-46.9 provides that a. Within [thirty] days after the submission ... the applicant has submitted documentation addressing the issues described in [ N.J.S.A. 45:22A-46.6]. If no such writing asserting incompleteness for any ...

docket:	a5678-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-09
status:	unpublished
citation:
Document Size:	24721

5 IN THE MATTER OF THE CHALLENGE OF THE COMMUNITY ASSOCIATIONS INSTITUTE – NEW JERSEY CHAPTER, INC., TO AMENDMENTS TO N.J.A.C. 5:26 -- rank: 847

... dismissal of a specific officer or employee of the association. [N.J.S.A. 45:22A-46(a).] A-2241-21 18 CAI-NJ argues PREDFDA allows ... of meetings closed due to the four exceptions listed in N.J.S.A. 45:22A-46(a). An agency's interpretation of a A-2241-21 ... of meetings, dealing with' one of the four enumerated topics. N.J.S.A. 45:22A-46(a). The statute's plain language allows for an interpretation ... available to all association members before the next open meeting. N.J.S.A. 45:22A-46(a). CAI-NJ argues mandating associations to retain electronic recordings ... ineligible to vote because they are not in good standing.' N.J.S.A. 45:22A-46(d)(4). The statute does not specify when good standing ... be transmitted electronically, saving paper, ink, and delivery expenses. See N.J.S.A. 45:22A-46(d)(2). Because the Department 'exercised its judgment, based ...

docket:	a2241-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-23
status:	Unpublished
citation:
Document Size:	61817

6 HERITAGE AT TOWNE LAKE, LLC v. PLANNING BOARD OF THE BOROUGH OF SAYREVILLE -- rank: 824

... scaled down project to 184 age-restricted, multifamily residential units. N.J.S.A . 45:22A-46.3 to -46.16 (“Conversion Statute”). The conversion application ... the application. Pursuant to the terms of the conversion statute, N.J.S.A . 45:22A-46.13(b), this court is to examine the record below ... Heritage met its burden relative to the statutory requirements of N.J.S.A . 45:22A-46.6(b), and that the Board’s denial of the ... of the zone plan and zoning ordinance, as required under N.J.S.A. 45:22A-46.6(c); . . .” The conversion statute sets forth the requirements for a conversion. N.J.S.A . 45:22A-46.6(b) provides: “ Applications seeking amended approval for a ... not meet the statutory requirements to apply for a conversion. N.J.S.A . 45:22A-46.5(a)(1) requires plaintiff to obtain preliminary or ...

docket:	l-2522-10
court:	NJ Superior Court Law/Chancery Division
decided:	2011-09-09
status:
citation:	422 N.J. Super. 75 26 A.3d 1071
Document Size:	35570

7 JOSEPH A. COURTER v. ABSECON PLANNING BOARD -- rank: 813

... pursuant to the Age Restricted Development Conversion Law (Conversion Law), N.J.S.A. 45:22A-46.3 to -46.16, to remove the age restriction on ... sought removal of the age restriction in March 2011, under N.J.S.A. 45:22A-46.3, generating public opposition. The proposed expansion of the project ... to permit this use." Third, Boardwalk was "required pursuant to N.J.S.A. 45:22A-46.5(a)(3) to agree that 20% of the units ... SATISFIED THE REQUIREMENTS OF THE AGE-RESTRICTED DEVELOPMENT CONVERSION LAW, N.J.S.A. 45:22A-46.3, ET SEQ. A. Boardwalk failed to establish the preconditions ... housing. B. Boardwalk failed to satisfy the criteria enumerated by N.J.S.A. 45:22A-46.6 for approval of an age-restricted conversion application. i ... ordinance. C. Boardwalk failed to satisfy the criteria enumerated by N.J.S.A. 45:22A-46.8 for approval of an age-restricted conversion application. ...

docket:	a4344-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-06
status:	unpublished
citation:
Document Size:	40741

8 /usr/local/share/www/libweb/collections/courts/appellate/a2792-20.opn.html -- rank: 654

... S]ection 4.02)' or conducting 'a binding vote . . . per N.J.S.A. 45:22A-46.'1 Plaintiff sought 'declaratory relief pursuant to N.J.S ... defendant that plaintiff alleged 'were being unlawfully withheld.' 1 See N.J.S.A. 45:22A-46 (setting out the requirements for condominium association meetings at which ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24549

9 BLUE WATER TOWNHOME ASSOCIATION, INC v. LORI DIFABIO -- rank: 620

... obligations to plaintiff or not. See A-4709-16T4 18 N.J.S.A. 45:22A-46(a) (2016) 13 (requiring 'adequate notice' be sent to 'all ... and ballot-by-mail vote. The 13 An amendment to N.J.S.A. 45:22A-46(a) replaced the reference to 'unit owners' with 'association members ...

docket:	a4709-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-08
status:	Unpublished
citation:
Document Size:	46526

10 JERRY ALLOCO v. OCEAN BEACH AND BAY CLUB -- rank: 464

... taken, shall be open to attendance by all association members[.]' N.J.S.A. 45:22A-46, -46(a). Plaintiffs argue they were not 'permitted to attend ...

docket:	a0922-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-22
status:
citation:	456 N.J.Super. 124 192 A.3d 24
Document Size:	40187

11 IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF SOUTH BRUNSWICK FOR A JUDGMENT OF COMPLIANCE AND REPOSE AND IMMUNITY FROM MOUNT LAUREL LAWSUITS -- rank: 430

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court.' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a3344-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-12
status:	Unpublished
citation:
Document Size:	137436

12 /usr/local/share/www/libweb/collections/courts/trial/trial_court_squibs.opn.html -- rank: 427

... restricted development pursuant to the provisions of the 'conversion statute', N.J.S.A. 45:22A-46.3 to -46.16. The court notes that the conversion ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	76360