Legal Memorandum: Granting Certification in NJ

Issue: When will the New Jersey Supreme Court grant certification for review of an Appellate Division decision?

Certification should be allowed where the Appellate Division’s decision conflicts with settled law that confers on the condominium association, acting through its board, not just the authority, but the duty to preserve, repair and maintain common elements.  See Fox TA s "Fox v. King’s Grant Maintenance Ass’n (2001)" , supra; Chin v. Coventry Square Condominium Ass’n, 270 N.J. Super. 323, 327 (App. Div. 1994) TA l "Chin v. Coventry Square Condominium Ass’n, 270 N.J. Super. 323 (App. Div. 1994)" s "Chin v. Coventry Square Condominium Ass’n(App. Div. 1994)" c 1  (“The Act gives the condominium association the power, indeed the responsibility, to govern the common elements and common facilities used by the unit owners.”).  In this regard this Court has stated:

In essence, an association is responsible for the governance of the common areas and facilities used by the owners of the condominium units.  It is a representative body that acts on behalf of the unit owners.  Its powers derive from its by-laws, the master deed, and applicable statutory provision. …  The most significant responsibility of an association is the management and maintenance of the common areas of the condominium complex. 

Thanasoulis v. Winston Towers 200 Ass’n Inc., 110 N.J. 650, 656-657 (1988) (emphasis added) TA l "Thanasoulis v. Winston Towers 200 Ass’n Inc., 110 N.J. 650 (1988) (emphasis added)" s "Thanasoulis v. Winston Towers 200 Ass’n Inc. (1988))" c 1 .

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