Luchejko v. Hoboken, A-38 September Term 2010; Supreme Court; opinion by LaVecchia, J.; dissent by Long, J.; decided July 27, 2011. On certification to the Appellate Division, 414 N.J. Super. 302 (App. Div. 2010). [Sat below: Judges Rodriguez, Yannotti and Chambers in the Appellate Division; Judge Curran in the Law Division] DDS No. 36-1-3085 [48 pp.]

551 Observer Highway is the site of a 104-unit condominium complex. Each unit is owned in fee simple and each owner is a member of the Skyline at Hoboken Condominium Association Inc. Skyline is responsible for the administration and management of the condominium property. The master deed specifically states that the units can be used only as private residences. There is no retail space in the building and Skyline does not generate a profit.