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Panel Questions Whether Master Declaration Complies with Linden Municipal Code on Common Open Space
Summary
Counsel and the panel debated whether the master declaration for the development complies with Linden Municipal Code requirements for homeowners-association ownership and maintenance of common open space; judges noted there is no active homeowners association in the trial record and questioned what remedy, if any, was properly sought.
Matthew Davis told the panel the dispute includes whether the master declaration complies with the Linden Municipal Code provisions requiring homeowners-association ownership (or specified certification) for common open space. "The ordinance requires a homeowners association to maintain the common open space," Davis said during argument, urging the court to read the declaration against municipal requirements.
A judge observed the trial record showed no active homeowners association and noted the trial transcript portions were not designated for the appellate record, complicating review of what evidence was presented at trial. The discussion included whether the plaintiffs had sought an injunction earlier in the litigation and whether the claims raised at trial were limited to declaratory relief and quiet-title issues; counsel clarified that an injunction claim was not pursued at the time of trial.
Why it matters: The panel's reading of the master declaration against the Linden Municipal Code could determine ownership and maintenance obligations for common open space in the development and affect current residents' rights and local-code compliance.
The court heard final argument and submitted the case for decision.
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