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November 2015

NEW JERSEY SUPREME COURT CLARIFIES DUTY OF HOMEOWNERS ASSOCIATIONS TO MAINTAIN PRIVATELY OWNED SIDEWALKS WITHIN THE COMMON INTEREST COMMUNITY

By: Christopher P. Lagay, Esq.
The New Jersey Supreme Court recently published an opinion which clarifies the liabilities of “common interest communities,” such as homeowner’s associations, for maintenance of the common areas under the association’s control. In Qian v. Toll Brothers, 223 N.J. 124 (2015), the Court reversed the appellate divisions affirmance of summary judgment granted by the trial court to the homeowner’s association and management community, and remanded the case.