An Example Of a Condo Winning a Case, but likely still losing.......

The recent New Jersey appeals court decision in Baskerville v. Society Hill at Droyers Point Condominium Ass'n is noteworthy for a few reasons.  A unit owner was mad because a local webmaster would not allow him to publish his Board resignation letter and cut him off the website.  The website concerned the condominium association but was privately run and operated.  

The unit owner sued the Board, alleging his constitutional rights were denied because of blocked access.   He alleged that this was really part of a bigger conspiracy, involving other Board members.  He also alleged he was defamed.

So why is this noteworthy.  First, the case lasted a while.  Apparently his claims were twice dismissed at the trial level.  But he still appealed.  Think:  How much did this cost the Board in legal fees.   Think:  everyone pays those fees.

Also, while this case seemed to just lack merit, watch out for claims that sound like claims against the government, being asserted against condo and homeowner boards.  Its in my opinion likely a trend that will continue.  I think with increasing success.

Condominium boards are sometimes more important in terms of day to day living than local municipal bodies or any other governments.  Both our courts and the legislature understand this.

Avoiding expensive litigation means open dialogue, and transparency.  Even when a Board wins, it really loses because of the expense and internal strife within the community.