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firmed that boards must properly main tain, repair and replace common ele ments. In Chin v. Cooventry Square Condo Ass’n, the court held that the NJ Condo Act does not simply pro vide authority for boards to maintain common elements, but that it specifi cally requires it. Fiduciary Duties of a Board to Maintain Common Elements Beyond contractual, statutory and decisional law obligations, New Jersey law imposes a fiduciary duty on boards to comply with mainte nance obligations. Board members, even though they are only volunteers, owe a duty of care and loyalty to their community association. This is called a “Fiduciary Duty”. CONTINUES ON PAGE 30

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