Micheve, L.L.C. v. Wyndham Place at Freehold Condominium Ass'n

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The question presented by this appeal is whether a condominium association may impose a non-refundable capital contribution fee whenever there is a transfer of title to a condominium unit. We conclude that such an imposition violates the provisions of the Condominium Act, N.J.S.A. 46:8B-1 to -38, which require the common expenses for maintenance of a condominium’s common elements to be charged to all unit owners.

Defendant is a condominium association subject to the provisions of the Condominium Act. Those provisions include N.J.S.A.…