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September 2012

FOR WHOM THE BELL TOLLS? – WIDENING THE SCOPE OF NEW JERSEY CONDOMINIUM ASSOCIATION ALTERNATIVE DISPUTE RESOLUTION AFTER BELL TOWER CONDOMINIUM ASSOCIATION V. HAFFERT

By: Angela B. Kosar, Esq.

Condominium Associations in New Jersey have recently found themselves with a new order of business on their meeting agendas – reexamining their existing alternative dispute resolution procedures between and among their unit owners and the condominium association. This year, The New Jersey Appellate Division in Bell Tower Condominium Association v. Haffert, 423 N.J. Super. 507 (App. Div.) cert. denied 210 N.J. 217 (2012) broadly construed the term “housing-related disputes” as set forth in the New Jersey Condominium Act to include a dispute between a unit owner and the condominium association board over the manner in which a special assessment was approved. However, it is the use of the word “broadly” in the opinion that has far reaching ramifications.