Local Law Blogs

Cape May Homeowners Sue Over Change in Campground Rule

A group of homeowners in the Carol Lynn Resorts campground have sued the property owners, the State of New Jersey and Woodbine Borough over alleged changes to the park rules and regulations.  The owners allege that the owners of the campground have recently changed the rules that call into question whether or not they can use the facility as a year round residence rather than a seasonal vacation spot. The owner of the property denies any such change to the rules and regulations and claims that even though the Department of Community Affairs grand fathered many of the residents in, and permitted them to live year round in the facility, and the borough approved an ordinance also permitting residents to live year-round in the facility, some homeowners were not satisfied. 

The dispute seems to stem from an interpretation of documents, although in the opinion of the property owner, there is no ambiguity and no resident will be asked to leave.  It seems as if in this case, as is bound to occur when a property or Association falls under multiple jurisdictions, that the various levels of government bureaucracy can not communicate sufficiently to provide a simple answer to whether or not residents are permitted to live year-round in the facility, and whether the property owner has a right to dictate otherwise.  It will be interesting to follow the results of this case, as there are many Associations across New Jersey that may or may not be incorporated, or officially recognized as a Homeowner's Association, and may not know under which agency's jurisdiction they fall under. 

Full post as published by New Jersey Law Blog on November 10, 2009 (boomark / email).