Highland Lakes Country Club and Community Association v. Franzino

892 A.2d 646, 186 N.J. 99 (2006)

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Highland Lakes Country Club and Community Association v. Franzino

New Jersey Supreme Court
892 A.2d 646, 186 N.J. 99 (2006)

DD

Facts

Robert Franzino (defendant) purchased property in a residential community called Highland Lakes. The community was governed by the Highland Lakes Country Club and Community Association (association) (plaintiff). Pursuant to the association’s bylaws, property owners were required to pay dues and fees to the association. But the prior owners of Franzino’s property had failed to pay the required dues and fees to the association. Article III, Section VIII of the association’s bylaws provided that, upon the transfer of property ownership, the new owner must pay all debts owed to the association. Franzino refused to pay the association for the debt incurred by the prior owners. Subsequently, the association filed suit, seeking to compel Franzino to pay the debt owed by the prior owners. The trial court granted summary judgment in favor of the association. The appellate division reversed, finding that Franzino was not obligated to pay the debt owed to the association by the prior owners. The association appealed to the New Jersey Supreme Court.

Rule of Law

Issue

Holding and Reasoning (LaVecchia, J.)

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