Supreme Court of New Jersey

Sidney Siller and Shirley Siller, His Wife; Irving Gaines and Coralie J. Gaines, His Wife; Marshall Natapoff and…

June 16, 198393 N.J. 370

Summary

The Supreme Court of New Jersey held that a condominium association, not individual unit owners, has exclusive standing to sue for damages to common elements, but unit owners may pursue separate claims for damage to their own units and may bring derivative actions when the association fails to act. The Court affirmed the appellate court’s decision in part, reversed it in part, and remanded the case for trial on the individual unit owners’ claims.