CAI-NJ March 2017

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

Individualized Attention. A Broad Range of Expertise.

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. • 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: • Capital Reserve Studies • Transition Reports • Expert Testimony • Construction Specifications • Landscape Design • Roof Replacements • Forensic Building Evaluations • Construction Inspection • Drainage Remediation

"...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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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

CIVIL ENGINEERS • PLANNERS • LANDSCAPE ARCHITECTS ARCHITECTS • LAND SURVEYORS • RESERVE SPECIALISTS

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