April 2024

WATER, WATER EVERYWHERE... from page 14.

Associations: Are You in Compliance with New Jersey Law? CAI-NJ is proud to offer members Alternative Dispute Resolution (ADR) Mediation Services This program is an alternative to litigation, as mandated by state law. This service includes negotiation and mediation with a neutral party, and is offered to community associations. Use our trained mediators to quickly and economically resolve your dispute. Examples of disputes covered are: • Parking • Pets • Noise • Rules Violations • Maintenance Problems CAI Member’s Only: $400.00 For information on CAI-NJ’s ADR Program, please contact us at: Phone: (609) 588-0030 • Email: adr@cainj.org

into the community, or prevent the stormwater collected within the community from leaving fast enough. Whatever the cause, the Appellate Division’s decision in Society Hill makes it clear that when a resident’s home or property is damaged when the community floods, in order to recover from the association the resident must prove that the association’s actions, or failure to act as required, caused the flooding and damage to the resident’s property. Although the decision in Society Hill is “unpublished”, meaning the deci sion will not bind or control any other court in future cases, the decision provides valuable guidance for both associa tions and residents regarding how the courts will address a resident’s claims when flooding across the common elements damage the resident’s home or property. Litigation is expen sive, time consuming, and stressful for everyone involved. For those reasons, residents and associations would both be wise to learn from the Appellate Division’s analysis in Society Hill before bringing or defending what are likely to be unsuccess ful claims regarding flooding damage in the community. n

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APRIL 2024