Sunday, July 31, 2011

N.J. Supreme Court rules in favor of Hoboken condo association in injury case tied to sidewalk ice removal | NJ.com

N.J. Supreme Court rules in favor of Hoboken condo association in injury case tied to sidewalk ice removal | NJ.com
The Stewart ruling was based in part on the idea that commercial property owners can absorb additional insurance premiums and maintenance expenses as costs of doing business. The condo building is a collection of residences and not revenue-producing, the court said, noting that condo associations collect fees only for property maintenance.

The court said there was no justification to find “that this overwhelmingly owner-occupied 104-unit condominium complex was a commercial entity,” LaVecchia wrote.

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Thanks to Shu Bartholomew for the link.

1 comment:

Anonymous said...

"The condo building is a collection of residences and not revenue-producing, the court said, noting that condo associations collect fees only for property maintenance."

I am not a lawyer, and the story omits a lot of details, but...

The "building" may be a "collection of residences," but legally the "association" is a corporation.

Once again, individuals have burdens, obligations, and responsibilities, but HOAs/COAs do not.