Woodview Condominium Ass'n, Inc. v. Shanahan

917 A.2d 790 (2007)

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Woodview Condominium Ass'n, Inc. v. Shanahan

New Jersey Superior Court, Appellate Division
917 A.2d 790 (2007)

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Facts

Woodview Condominium Association, Inc. (the association) (plaintiff) charged a monthly condominium fee for the management services it provided to Kevin Shanahan, Tomas Pratts, Jr. (defendants), and other condominium property owners. Neither Shanahan nor Pratts paid their fees. Shanahan sold his property to Pratts in October 2000. Shanahan loaned Pratts the purchase money, and in return Pratts mortgaged the property to Shanahan. Pratts defaulted on the mortgage in September 2001. Sometime thereafter, Shanahan assumed control of the property as mortgagee in possession, and in 2003 he began leasing the property to third parties. In March 2005, Shanahan foreclosed on the property. In April 2005, the association successfully sued both Shanahan and Pratts for the delinquent condominium fees they owed. The court ordered Shanahan to pay any fees charged before October 2000, and Pratts to pay the fees charged between October 2000 and September 2001. The court ruled that Shanahan and Pratts were jointly liable for fees charged between September 2001 and March 2005. Shanahan appealed to the New Jersey Superior Court's appellate division, contending that he had no liability for any assessments after October 2000.

Rule of Law

Issue

Holding and Reasoning (Parrillo, J.)

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