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5 N.J.A.R. 5

Tollgate, Florence Condominium Association v. Community Affairs, Dept. of, Bureau of Housing Inspection
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Citation: 5 N.J.A.R. 5
Decision Date: 1983
Synopsis: Petitioner contested the order of the Department of Community Affairs directing it to comply with the Hotel and Municiple Dwelling Act, N.J.S.4. 55:13A-1 et seq., and to abate all violations found on the premesis of a condominium development. The administrative law judge found that petitioner is responsible for the administration and management of a condominium develop- ment of 40 two-story buildings, each with eight living units with seperate entrances; the living units are connected to each other by a common roof covering external stairways and walkways. The peti- tioner undertakes responsibility for the provision of heat, garbage collection, street lighting, fire insurance, and water and sewer ex- penses. As to the individual units, the petitioner maintains only the exterior of each unit, except that interior repairs are performed if a pipe breaks in connection with a heating system. The judge rejected petitioner's argument that it was not subject to the Hotel and Municiple Dwelling Act. While the policy consider- ations for imposing stringent standards on rental units may be more compelling than the policy considerations in imposing such standards on condominium development, the judge found that the State had a legitimate interest in the imposition of safety-regulated standards on the petitioner. The judge found that the issue was not whether the petitioner was the owner of the units but whether it exercised sufficient control. Accordingly, the administrative law judge determined that the peti- tioner was responsible for the correction of any violation occurring in the common elements of the units as denied in the Condominium Act, N.J.S.A. 46:8B-1 et seq. William A. Dietrich, Esq., for petitioner (Dietrich, Allen and St. John, P.A., attorneys) Peter E. Markens, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney)