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Superior Court of New Jersey Agrees with CAI Arguments in Municipal Services Case

6/14/2000  -  Alexandria, VA

On April 26, the Superior Court of New Jersey, concurring with CAI's arguments in an amicus curiae, or "friend of the court," brief filed in December 1999, released a favorable decision in the case of Briarglen II Condominium Assoc. Inc. v. Township of Freehold. The court concluded that the New Jersey Municipal Services Act required the township to reimburse the association for expenses incurred for snow/ice removal, street lighting and trash removal.

This case originated when the association sued the Township for violating an agreement specifying that the association would provide the referenced services and that the Township would reimburse the association. The Township charged that it did not have the obligation to reimburse the association for the expenses since the community was still under construction and not yet complete.

Tracking CAI's amicus brief arguments, the Superior Court held that the legislative intent of the law required the reimbursement and to do otherwise would violate the state's public policy. "This outcome significantly clarifies the application of the state municipal services law for all community associations in New Jersey," said Pamela Scott, CMCA, PCAM, Vice Chair of CAI's Government & Public Affairs Council. "CAI is pleased to have worked through its New Jersey Chapter to participate in this case," she added.

CAI amicus curiae briefs, one aspect of CAI's overall government and public affairs efforts, are filed in federal or state cases that pose questions of significant importance in community association law. CAI attorney member, Dennis Casale, Esq., prepared CAI's brief in this case.

The Community Associations Institute is a nonprofit association created in 1973 to educate and represent the nation's 205,000 community associations—condominium associations, homeowner associations and cooperatives. CAI members include homeowners, associations and related professionals and service providers.

Phone: 703-970-9235