Search Rutgers Law Library N.J. Court Opinions

1 BELL TOWER CONDOMINIUM ASSOCIATION v. PAT HAFFERT -- rank: 1000

... or between unit owners, "as an alternative to litigation." See N.J.S.A. 46:8B-14(k). Nonetheless, the Act does not define the term "housing-related disputes" contained in N.J.S.A. 46:8B-14(k). Because the long-established public policy of this State ... arbitration or other form of alternative dispute resolution pursuant to N.J.S.A. 46:8B-14(k). We reverse and remand. I. Bell Tower Condominium's ... address the arbitration requirement of the Act, set forth in N.J.S.A. 46:8B-14(k). The judge reasoned: Defendant asserts that alternate dispute resolution ... dismiss this matter in favor of arbitration, as required by N.J.S.A. 46:8B-14(k). For its part, the Association argues that while N.J.S.A. 46:8B-14(k) requires that all "housing-related disputes" be sent ...

docket:	a3218-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-12
status:	published
citation:	423 N.J. Super. 507 33 A.3d 1235
Document Size:	31468

2 Richard Luchejko v. City of Hoboken -- rank: 941

... 38, to have liability insurance to cover its common elements, N.J.S.A. 46:8B-14(e), which, according to the Master Deed, include all â ... is required to carry it pursuant to the Condominium Act. N.J.S.A. 46:8B-14(e) (requiring condominium associations to maintain insurance covering injuries on ... 16(c); (2) Skyline is responsible for the common elements, N.J.S.A. 46:8B-14(a); and (3) Skyline has exclusive standing to maintain actions ... of any act or negligence of any individual unit owner. [ N.J.S.A. 46:8B-14(e).] The Condominium Act defines “[c]ommon elements” to ...

docket:	a-38-10
court:	NJ Supreme Court
decided:	2011-07-11
status:
citation:	207 N.J. 191 23 A.3d 912
Document Size:	124832

3 CARMEN DIGIANDOMENICO v. GREAT BAY CONDOMINIUM BOARD OF TRUSTEES -- rank: 899

... collection of funds for common expenses and the payment thereof. [ N.J.S.A. 46:8B-14.] To carry out these responsibilities, "[t]he association may levy ...

docket:	a4484-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-09
status:	unpublished
citation:
Document Size:	28514

4 BONNIE GLOGOVER v. HUDSON HARBOUR CONDOMINIUM ASSOCIATION INC. -- rank: 886

... the ADR procedures '[did] not comport with the mandate of N.J.S.A. 46:8b- 14(k) for a fair and efficient procedure for the resolution ... available as an A-3446-18T3 12 alternative to litigation.' N.J.S.A. 46:8B-14(k). We have held that so long as a dispute ... from the parties' condominium relationship,' a party may, pursuant to N.J.S.A. 46:8B-14(k), demand submission of such disputes to ADR in lieu ... parties' relationship as condominium association and unit owner. As such, N.J.S.A. 46:8B-14(k) was applicable and the dispute was properly resolved by ... collection of funds for common expenses and the payment thereof.' N.J.S.A. 46:8B-14(b). 'The association may levy and collect assessments duly made ...

docket:	a3446-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-15
status:	Unpublished
citation:
Document Size:	48210

5 CLAIR W. FLINN v. AMBOY NATIONAL BANK -- rank: 883

... the assessment and collection of funds for common expenses. See N.J.S.A. 46:8B-14. Each unit owner automatically retains an interest in the common ...

docket:	a4216-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-02
status:	unpublished
citation:	436 N.J.Super. 274 93 A.3d 422
Document Size:	87699

6 /usr/local/share/www/libweb/collections/courts/appellate/a4216-12redactedxx.opn.html -- rank: 880

... the assessment and collection of funds for common expenses. See N.J.S.A. 46:8B-14. Each unit owner automatically retains an interest in the common ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	65386

7 PARK STREET CONDOMINIUM ASSOCIATION, INC v. MARAT A. DENENBERG -- rank: 864

... assess and collect funds for the payment of common expenses. N.J.S.A. 46:8B-14. The unit owner's obligation to pay common expenses is ...

docket:	a3422-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-02
status:	unpublished
citation:
Document Size:	21096

8 /usr/local/share/www/libweb/collections/courts/appellate/a2792-20.opn.html -- rank: 847

... prejudice to allow it to proceed through [ADR]' pursuant to N.J.S.A. 46:8B-14(k). First, referring to an earlier July 2020 arbitration between ... which shall be readily available as an alternative to litigation.' N.J.S.A. 46:8B-14(k). In Finderne Heights Condominium Association v. Rabinowitz, 390 N ... We stated: Generally, should an appropriate party seek ADR under N.J.S.A. 46:8B-14(k) after suit is filed, absent some compelling circumstances, the ... examples of non-''housing related disputes' within the meaning of N.J.S.A. 46:8B-14(k)': an auto accident in the condominium parking lot, a ...

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

9 Brandon Farms Property Owners Association, Inc. v. Brandon Farms Condominium Association, Inc. -- rank: 847

... of all activities of common interest to the unit owners.” N.J.S.A. 46:8B-14. The association is authorized to record a lien against any ...

docket:	a-35-03
court:	njsupreme
decided:	2004-07-19
status:
citation:	180 N.J. 361
Document Size:	53867

10 CUIYUN QIAN v. TOLL BROTHERS INC -- rank: 783

... public roadway. Plaintiff emphasizes that defendants were responsible by statute, N.J.S.A. 46:8B-14(a), and by the Association's bylaws for maintaining all ... of the public's use of the common areas, see N.J.S.A. 46:8B-14(e). Plaintiff's focus is not unreasonable with respect to ... of the Association to maintain common areas of the community, N.J.S.A. 46:8B-14(a), while the legal duty in Luchejko was imposed by ... Act, N.J.S.A. 46:8B-1 to -38. N.J.S.A. 46:8B-14(a). The Association similarly was required to and did obtain ... covering those common areas and elements under the bylaws and N.J.S.A. 46:8B-14(e). See N.J.S.A. 46:8B-3(d ...

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

11 TOSHIBA FOSTER v. ALEXANDRA RODRIGUEZ -- rank: 776

... a fair and efficient procedure for the resolution of disputes. [ N.J.S.A. 46:8B-14(k).] We have said: [B]ecause a condominium association is ... Haffert , 423 N.J. Super. 507 , 516 (App. Div.) (quoting N.J.S.A. 46:8B-14(k)), certif. denied , 210 N.J. 217 (2012).] The judge ...

docket:	a4631-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-24
status:	unpublished
citation:
Document Size:	27970

12 MICHAEL DOLAN v. BELANTRAE GREENS CONDOMINIUM ASSOCIATION -- rank: 776

... motion, and dismissed plaintiff's complaint without prejudice. Pursuant to N.J.S.A. 46:8B-14 and defendant's ADR policy, the court referred the matter ... do not defer to the trial court's conclusions. Ibid. N.J.S.A. 46:8B-14 states, "An association shall provide a fair and efficient procedure ... which shall be readily available as an alternative to litigation." N.J.S.A. 46:8B-14 recognizes and must be interpreted in light of our State ... dispute remedy which must be made available to them under [ N.J.S.A. 46:8B-14]. In other words, submission to ADR is not a prerequisite ... the parties' condominium relationship, and therefore, this action falls under N.J.S.A. 46:8B-14. As to plaintiffs' claims that defendant's ADR policy is ...

docket:	a1346-14
court:	NJ Superior Court Appellate Division
decided:	2015-07-13
status:	unpublished
citation:
Document Size:	14620

13 RITA KIEFFER v. DAVID DEMEO -- rank: 770

... maintenance, repair, replacement, cleaning and sanitation of the common elements," N.J.S.A. 46:8B-14(a), and the "assessment and collection of funds for common expenses and the payment thereof," N.J.S.A. 46:8B-14(b). An association "shall exercise its powers and discharge its ... safety and general welfare of the residents of the community." N.J.S.A. 46:8B-14(j). An association's "most significant responsibility" is to manage ...

docket:	a4621-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-23
status:	unpublished
citation:
Document Size:	96592

14 Cuiyun Qian v. Toll Brothers Inc. -- rank: 770

... common elements of which the sidewalks are a part. See N.J.S.A. 46:8B-14(a). Last, the limited immunity given to “a qualified ... which she was injured and that its by-laws and N.J.S.A. 46:8B-14(a) obligate the Association to exercise reasonable care in maintaining ... association is responsible for the maintenance of the common elements. N.J.S.A. 46:8B-14(a) (“The association . . . shall be responsible for . . . [t]he ... and death for accidents occurring within the common elements.” N.J.S.A. 46:8B-14(e). The Legislature has recognized the application of premises liability ... of any act or negligence of any individual unit owner. [ N.J.S.A. 46:8B-14(e).] 4 Plaintiff also moved to enforce a purported settlement ...

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

15 PORT LIBERTE II CONDOMINIUM ASSOCIATION INC v. NEW LIBERTY RESIDENTIAL URBAN RENEWAL COMPANY, LLC -- rank: 754

... to institute suit to recover damages to the common elements. N.J.S.A. 46:8B-14, -15(a), and -16(a). [ Id. at 501-02.] We ...

docket:	a3129-11xx
court:	NJ Superior Court Appellate Division
decided:	2014-01-21
status:	unpublished
citation:
Document Size:	69045