Jan 2018

PALISADES... from page 24.

landscaping. The unit owner controlled association later filed suit in March, 2009. At the trial level, several defendants filed motions for summary judgment arguing that the SOL had run out by the time the Association filed suit in March, 2009. They took the position that the SOL’s six year clock started to run when the structure was substantially complete in May, 2002, and because the Association knew it had claims to make once it received its engineering firm’s report in June, 2007, the Association should have filed suit within the remaining year left under the six year SOL period, i.e. by May, 2008. The trial judge agreed and dismissed the Association’s case. The Appellate Division reversed the trial court. In doing so, the Appellate Court in part reasoned that because under New Jersey’s condominium law unit owners have no control of the association until transition occurs, any limitations period applicable to claims by an association should not begin to run, at the earliest, until the unit own- ers gain control of the board of the association following transition. The Appellate Court also found that under the “discovery rule,” which states that a claim will not “accrue” until the claim-holder knows or has reason to know he/she has been injured, the SOL’s six year clock did not begin to run against the Association until it received its engineering firm’s report in June, 2007, making the suit filed in March, 2009 well within the limita- tions period.

The Service You Deserve Taylor Management Company has been managing community associations for decades. We have been recognized

by the Community Associations Institute (CAI) as an Accredited Association Management Company (AAMC) and by the Institute of Real Estate Management (IREM) as an Accredited Management Organization (AMO). These designations are accorded for the highest level of ethics and professional management in the industry. Leaders in Professional Community Management for Decades!

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