ALTERNATIVE DISPUTE RESOLUTION | RESIDENTIAL AND COMMERCIAL REAL ESTATE
03-2-6694 The Glens at Pompton Plains Condominium Ass’n v. Van Kleeff, App. Div. (per curiam) (14 pp.) Plaintiff appealed from the dismissal on summary judgment of its action seeking recovery of maintenance fees and related costs from defendants in favor of alternative dispute resolution. Finding that the court correctly determined that the mandate, pursuant to N.J.S.A. 46:8B-14(k), for the provision of “a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and condominium] associations” required submission of plaintiff’s claims to ADR at defendants’ election, and that the court also correctly determined that defendants’ had not waived their statutory right to ADR by failing to assert that right in a prior suit against plaintiff alleging breach of fiduciary duty and failure to adequately maintain the common area adjacent to their property, the panel affirmed the dismissal of the action.
