As many of you know on January 26, 2009 there was a meeting of the Board of Trustees of the MLE. In this meeting, a question arose as to the interpretation of a specific clause of the MLE “Declaration of Covenants & Restrictions”[1]. This particular clause deals with the use of the homes in the Association.
It was suggested at this meeting that the Association get a legal opinion clarifying MLE Declaration of Covenants & Restrictions 10.01. After two weeks have elapsed and no word from the Board, I took it upon myself to ask Mr. Andrew Brewer of the law firm of Maraziti, Falcon & Healey L.L.P.[2] to issue a Legal Opinion Letter in this matter. This law firm is an expert in government, municipal and association law; it represents many N.J Township Planning Boards and various Associations around the State of N.J.
His opinion can be summed up in two points:
1) The MLE Declaration of Covenants & Restrictions does not allow any use of a member’s property for anything other than private residential use. It is therefore more restrictive than the Township’s ordinances. Hence its inclusion in the Association’s Declaration of Covenants & Restrictions which by definition is meant to be more restrictive than federal, state or local government laws and ordinances. Home office permits and use variances maybe allowed by the township upon application but they are not allowed by MLE governing rules.
2) Anyone using a home for anything else other than a private residence is in violation of their contractual obligations of the MLE.
The last point is highlighted to show this Opinion Letter is an interpretation of the MLE Declaration of Covenants & Restrictions 10.01 only and not meant to reflect an opinion on anything else.
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[1] Unit ownership is subject to certain restrictive covenants (deed restrictions). These are usually embodied in a recorded legal document called "Declaration of Covenants and Restrictions" which is recorded at the county Register of Deeds office. The declaration describes the nature of the project and establishes rules to govern the use of the units and common areas. For example, the declaration may limit the property to residential use, require that units be a minimum size and certain architectural style, etc.
[2] Neither he nor this law firm has, to the best of knowledge ever represented a member or the Association and does not currently have any interest in any pending matter connected to the Association or its membership.
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