Community Association Viewed as a Business for Maintenance Liability (NJ)

On August 12, 2015, the Supreme Court of New Jersey decided the case of Cuiyun Qian v. Toll Brothers Inc., et als. In that case, the plaintiff and her husband resided in a unit in a community association in the Township of Plainsboro. All areas other than the dwelling unit itself were common property including the sidewalks and walkways, owned by the homeowners association and a recreation association. Homeowners within the community were charged monthly assessments for the maintenance of the common areas. The monthly assessments collected by the associations were to be used to pay for services such as snow and ice removal from the sidewalks because the governing documents of the community required the homeowners association to be responsible for the maintenance of the community’s common areas. Thus, the sidewalks at the community were private property included within the description of the common area of the property of the development and were not adjacent to public roadways. The sidewalks were not public sidewalks.   Read the article…………………..