August 2022 CAI-NJ

HOARDING... from page 13.

involved, that they are being default ed and providing an opportunity to cure the same. Many times, a good letter that addresses these issues will be answered by the member and the association can hopefully have the issues remedied by the member. However, if the member does not remedy the same or goes “radio silent,” this notice letter will assist the association in its next steps. Appointment of Receiver The appointment of a receiver to manage and operate the unit is at the court’s discretion, based on its inherent equitable powers. See Fidelity Union Trust Co. V. Pasternack, 123 N.J. Eq. 181 (E. & A, 1938). In exercising discretion, the Court is compelled to grant the relief based on the Crowe Standard for injunctive relief. See Crowe v. DeGioia, 90 N.J. 126 (1982), aff’d, 102 N.J. 50 (1986). Under the Crowe Standard, the party seeking the preliminary injunction must show: (1) that irreparable harm will ensue if the application is not granted; (2) that the legal right underlying the applicant’s claim is settled; (3) that the material facts are uncontroverted and demonstrate a reasonable probability of plaintiff’s success on the merits; and (4) that the relative hardship of the parties militates in favor of granting the injunction. The association bears the burden of satisfying the four- part test by clear and convincing proof. See Sub7 Communications, Inc. v. Day, 299 N.J. Super. 634, 639 (App. Div. 1997).

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