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TaylorMgt.com
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!
80 South Jefferson Road, 2nd Floor, Whippany, NJ | Tel. 973.267.9000
100 Franklin Square Drive, Suite 203, Somerset, NJ, NJ | 732.764.1001
42-2 Harmon Cove Towers, Secaucus, NJ | 201.325.8500
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.
PALISADES...
from page 24.