March 2026 CT

LEGAL OBLIGATIONS... from page 26.

mendation, that maintenance be performed (in addition to needed repairs and replacements). The statute does not qualify this obligation or allow boards to ignore mainte nance when faced with other economic constraints such as rising inflation, exorbitant insurance costs, inability to find affordable vendors, etc. One way or another, boards must make sure common elements are maintained, repaired and replaced as necessary as a reasonable board in a similarly In addition to statutory law, New Jersey courts have confirmed a board’s maintenance obligation in decisional law, which is binding and must be followed as precedent. For instance, in Thanasoulis v. Winston Towners 200 Ass’n, the New Jersey Supreme Court held that maintenance of common elements is among an association’s most import ant statutory responsibility under the NJ Condo Act. This case makes clear that maintaining common elements is not option or secondary obligation – it is a primary responsi bility and function of a board. The New Jersey Appellate Division has similarly con- situated community would see fit. Decisional Law Confirming Maintenance Obligations

maintained, a maintenance, repair and/or replacement schedule, etc. Often, a community’s engineer will provide maintenance schedules and timelines in conjunction with its transition engineering study (often referred to as a “Transition Report”). If boards ignore these maintenance obligations, they are almost certainly in violation of their communities’ governing documents and may expose the association, board and management to legal liability. New Jersey Condominium Act (“Condo Act”) The Condo Act, at Section 46:8B-14(a) states in no uncertain terms: “The association, acting through its officers or govern ing board, shall be responsible for the performance of the following duties, the costs of which shall be com mon expenses:..the maintenance, repair, replacement, cleaning and sanitation of common elements.” As with the language used in governing documents, the Condo Act includes an affirmative requirement, not recom

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MARCH 2026