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M A R C H , 2 0 1 7

FWH Associates, P.A. has been providing essential services to property

managers, community associations and contractors for over 25 years.

Offering refined expertise in a variety of disciplines for our clients.

• Capital Reserve Studies

• Transition Reports

• Expert Testimony

• Construction Specifications

• Landscape Design

• Roof Replacements

• Forensic Building Evaluations

• Construction Inspection

• Drainage Remediation

• EIFS/Stucco Inspection/Evaluations

• Land Surveying

• Water Infiltration Remediation

• Siding Replacements

• Balcony Replacement Specifications

• Building Façade Inspections/

Evaluations

• Parking Garage Inspections/

Evaluations

PROFESSIONAL SERVICES INCLUDE:

FWHassociates.com

1856 Route 9, Toms River, NJ 08755

732.797.3100

Email:

info@FWHassociates.com

CIVIL ENGINEERS • PLANNERS • LANDSCAPE ARCHITECTS

ARCHITECTS • LAND SURVEYORS • RESERVE SPECIALISTS

Individualized Attention.

A Broad Range of Expertise.

ULTIMATE PARTNER OF

2016

Ultimate

PARTNER

New Jersey Chapter CommunityAssociations Institute

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a 4-3 decision, the Supreme Court

determined that the association was

without requisite authority to enact the

revised parking fee schedule in such a

discriminatory manner, and thus failed

to meet even the first prong of the

test. The majority held that the associ-

ation’s regulation was not authorized

by either the Condominium Act or

the condominium’s master deed. The

Court noted that by substituting itself

as the lessor of the unit owner’s park-

ing space and thereby severing the

owner’s right to the parking space, the

association had, in effect, confiscated

for its own use the value of the unit

owner’s parking space. The Court

reject the argument that the regulation

was a security measure aimed at

the prevention of subletting parking

spaces to people not residing in the

building since the same end could

have been accomplished through

other means.

Perhaps the clearest explication of

CONT I NU E S ON PAGE 24

"...all that the law

demands is trustees

act reasonably and

in good faith using the

degree of skill and

care an ordinary

person would

exercise under similar

circumstances."

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