NJ Condo Boards Have Power to Challenge New Zoning

When a municipality proposes zoning changes in New Jersey, who has the right to oppose the changes: the Condo Board or the unit owners?

In the case of Jennings v. Boro of Highlands, a state appellate court ruled that it is the association that has this right.

Not the individual owners.

This is a very interesting decision because associations usually regulate only common elements. One might imagine that unit owners, who like everyone else in town pay taxes and care about their local zoning, would have this right and NOT the Association.

But as of at least as of this decision, it is the Board’s right. Not the unit owners.



Lieberman & Blecher represents New Jersey community associations. http://www.liebermanblecher.com