Stark & Stark's Community Association Group Secures Another Municipal Services Victory
Trial Court Rules that Mendham Must Provide Municipal Services with respect to A Condominium's Access Road
The Mendham Knolls Condominium Association is a small condominium situated in Mendham. Access to the condominium is achieved only via Boundary Oak Lane, an approximately 156 foot long road that empties into the condominium's parking area. New Jersey's Municipal Act provides for certain enumerated services or reimbursement for the cost of services to a qualified private community in "the same fashion as the municipality provides these services on public roads and streets." Mendham argued that it need not provide either services, or reimbursements, in relation to Boundary Oak Lane as it was more akin to a driveway and Mendham does not provide any services in relation to driveways. The condominium argued that Boundary Oak Lane is a road and eligible for services or reimbursements as Mendham does provide services on township roads.
The court first found that the applicable road-related standards are those in place currently, not at the time of the road's original construction. The court then relied upon pictures of the road and neighborhood as well as how it had a "drive" for a name along with some other factors. It concluded and ruled that Mendham must comply with the Municipal Services Act with respect to Boundary Oak Lane. This condominium will now have the snow and ice removed from Boundary Oak Lane as well as have their related street lighting costs reimbursed. This will certainly help the community balance its budget in upcoming years, without assessments.
Condominiums and associations must assert their rights under the Municipal Services Act even in the face of often dismissive municipalities.
