Society Hill at Piscataway Condominium Association, Inc. v. The Township of Piscataway

A-2767-97T5 (N.J. Super. App. Div. 1999) (Unpublished)
  • Opinion Date: April 21, 1999

CONDOMINIUMS; MUNICIPAL SERVICES—A municipality need only reimburse a condominium association for street lamps that provide similar lighting coverage to what the municipality provides elsewhere within its municipal limits.

A condominium association was a qualified private community entitled to certain services or reimbursements pursuant to the Municipal Services Act. It entered into a stipulation with its municipality wherein the municipality agreed to reimburse the association in lieu of providing all or some of the services furnished to other residents of the municipality. A dispute arose over the extent of street lighting for which the association would be reimbursed. There were 31 street lights in the community, but the municipality was only willing to reimburse the association for the cost of operating four of them. The Court agreed with the municipality and accepted the municipality’s rationale that outside of the association’s property, it only provided lighting for entrance roadways that adjoined a throughway, such as parking lots that have separate entrances and exits. Consequently, the municipality need only provide reimbursement for similar lighting coverage within the association’s property, which amounted to only four of the street lights.