August 2024 CT

CIVIL LITIGATION... from page 27.

that was implemented to help offset the sometimes harsh results of being time-barred under an applicable stat ute of limitation. The discovery rule is particularly helpful for situations involv ing latent damages such as water infiltration within the cavity of a wall that does not present itself until after the limitations period has expired. Even with the discovery rule, in the past, community associations that were subjected to extended devel oper control beyond the statute of limitations often faced uphill battles to get their claims into court. Fortunately, New Jersey amended the applicable statute of limitation for property dam age claims to toll (pause) the statute of limitations for community associations until after the final transition vote when the unit owners control a majority of the board. Of course, with one hand the state giveth and with the other it taketh. New Jersey also has what’s called a statute of repose. That statute applies to certain types of claims, includ ing construction defect claims, and requires claims for property damage arising from construction to be filed within ten-years after “substantial com “The discovery rule is particularly helpful for situations involving latent damages such as water infiltration...”

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AUGUST 2024