Hall Harbor Ass'n v. Cape May County Department of Health

OPINION

GIBSON, J.S.C.

The within action seeks a determination of whether N.J.S.A. 26:4A-1, the so-called Swimming Pool Code, applies to a condominium association. The material facts are not in dispute and cross motions for summary judgment have been filed. R. 4:46-2.

The condominium complex involved here is a residential structure containing 60 individually owned units located in the Borough of Stone Harbor. The plaintiff association is made up of the various owners of those units. One of the common elements of the condominium property is a swimming pool which is open for use by tenants and…