Coventry Square Condominium Association v. Halpern

436 A.2d 580 (1981)

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Coventry Square Condominium Association v. Halpern

New Jersey Superior Court
436 A.2d 580 (1981)

Facts

The Coventry Square Condominium consisted of 633 units, of which 80 were occupied by tenants. The Coventry Square Condominium Association (the association) (plaintiff) passed a regulation requiring the owners of rented units to deposit $225 per unit with the association to cover what the association contended were increased maintenance expenses caused by inadequate watering, excessive glass breakage, more frequent pest control, and garbage placement on wrong days at rented units. The regulation also provided that the association would deposit the money in an interest-bearing account and return it in the event that no damage occurred to common elements that was attributable to an owner’s tenant. No like regulation was passed for owner-occupied units. Condominium rules and regulations provided that units could be charged for wrong-time garbage placement and additional lawn expenses incurred due to neglect, with the owner bearing responsibility regardless of who was occupying a unit. The association sued the nonoccupant owners (defendants) to collect the $225 security deposits.

Rule of Law

Issue

Holding and Reasoning (Gehricke, J.)

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