The Appellate Division of New Jersey Superior Court has affirmed a decision of the New Jersey Division of Civil Rights, which found that the Victoriana Condominium Association did not act in a discriminatory manner when it suspended the parking privileges of a disabled unit owner for non-payment of association fees. The decision in Shearn v. Victoriana Condominium Association, an unpublished opinion decided on November 23, 2011, found that the Association had suspended Shearn’s parking privileges in connection with his repeated failure to pay condominium assessments. The court determined that the suspension of privileges was a remedy authorized by the Association’s governing documents and had been applied in a non-discriminatory basis, irrespective of Shearn’s disability. In fact, Shearn had not requested a disability accommodation until after his privileges were suspended, and he was granted an accommodation after presenting the Association with adequate medical documentation concerning his disability. In this case, both the administrative agency and appellate court found that the delinquent owner’s demand for a parking accommodation was unreasonable under the circumstances. The Appellate Division opinion can be found here.
If you have a question about suspension of privileges, disability accommodations or any other issue concerning your community association, please contact one of our Community Associations attorneys.