In an unpublished trial court opinion released today, a Superior Court Judge in Bergen County dismissed the claims of a condominium association against the sponsor/developer of the condominium complex related to construction defects that were discovered by the Association. After dismissing the Association's contractual claims based on the statute of limitations, the Court found that all other claims asserted by the Association, including claims under the New Jersey Consumer Fraud Act ("CFA") were barred by the ten-year statute of repose. Noting that the New Jersey judiciary has shown, "an unwillingness to recognize a fraud exception to the statute of repose," the court held the CFA claims were subject to the statue of repose, were not filed within ten years after the TCO was issued, and therefore were barred by the statute of repose. (Vela Townhomes Condominium Assoc. Inc. v. Rosen Partners LLC)
Peter J. Vazquez, Jr.