Case Law Summaries

Amir v. D’Agostino

CONDOMINIUMS; RESTRICTIONS—Restrictive covenants in condominium unit deeds intended to create a “neighborhood scheme” are not enforceable; overall covenants must be in the master deed.

• Opinion Date: January 26, 2000
• Real Property Law

Briarglen II Condominium Association, Inc. v. Township of Freehold

CONDOMINIUMS; MUNICIPAL SERVICES—Even though a municipality may not have an obligation to actually perform municipal-type services because a qualified community’s roadways may not yet meet municipal standards, it still has an obligation to reimburse the community for those services.

• Opinion Date: April 26, 2000
• Real Property Law

D’Amato v. Ocean Club Condominium

CONDOMINIUMS; LIABILITY—A clause in a master deed relieving condominium association trustees from personal liability for their association’s failure to repair or maintain common elements was not read to exculpate the association as well.

• Opinion Date: June 28, 2000
• Real Property Law

D’Elia v. Roxbury Condominium Association, Inc.

CONDOMINIUMS; LANDLORD-TENANT; FORCED ENTRY—Where a condominium unit owner uses a storage area that is part of the common elements, it is not forced entry for the association to enter the area and the unit owner’s tenant has no cause to complain about such an entry.

• Opinion Date: June 27, 2000
• Real Property Law

Kim v. Flagship Condominium Owners Association

CONDOMINIUMS; FIDUCIARY DUTY—Where a condominium board has the right to rent common areas, it has a fiduciary duty to the unit owners not to give away valuable rights and to provide information to them.

• Opinion Date: January 31, 2000
• Real Property Law

Wayne General Professional Building Association v. Giannini

CONDOMINIUMS; EXECUTORS; PERSONAL LIABILITY—An executor who dealt with a decedent’s condominium unit as if he owned it personally was found personally liable for unpaid association charges.

• Opinion Date: March 30, 2000
• Real Property Law

Milides v. Brielle Landing Condominium Association, Inc.

CONDOMINIUMS; COMMON AREAS—Alterations made by a unit owner, even those made without association permission, must be viewed by the association under a rule of reasonableness where the alterations make no substantial impact on the property as a whole or on the rights and expectations of the other unit owners.

• Opinion Date: October 2, 2000
• Real Property Law

Fox v. Kings Grant Maintenance Association, Inc.

CONDOMINIUMS—A condominium sub-association can delegate its duties to an umbrella association and a developer’s agreement with a municipality for a very large project can require such a delegation, but the internal governance of the sub-association is not under the control of the umbrella association.

• Opinion Date: April 25, 2000
• Real Property Law

The County of Monmouth v. Hilton

CONDEMNATION; VALUATION; ASSEMBLAGES—In a condemnation matter, if an assemblage is possible, a jury must determine its probability and how that probability would affect the premium that a buyer would pay for the condemned property.

• Opinion Date: October 23, 2000
• Real Property Law

Borough of Keyport v. Maropakis

CONDEMNATION; NOTICE—A notice of condemnation hearing that failed to advise a property owner that failure to appear would preclude an appeal was found to violate due process requirements.

• Opinion Date: June 23, 2000
• Real Property Law