Panel Questions Whether Master Declaration Complies with Linden Municipal Code on Common Open Space
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.
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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.
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