Caution: Condo Club’s Careful Consideration Could Have Countered Costly Construction Case

by:  Steven P. Gouin

A recent ruling from the New Jersey Appellate Division highlights how diligent a homeowners' association ("HOA") must be in enforcing restrictions in its governing documents.  After a lengthy court battle, the court found that a South Jersey HOA had not engaged in selective enforcement of architectural restrictions  or constitutional violations.  However,  notwithstanding this positive result, the Court’s decision in Nisch v. Ocean Beach & Yacht Club provides a cautionary tale for HOAs throughout the State, one they would be wise to heed if they want to avoid protracted and costly litigation.   

 

 

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