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BERKLEY CONDO ASS'N v. BERKLEY CONDO. RESIDENCES

185 N.J. Super. 313 (1982)

448 A.2d 510

THE BERKLEY CONDOMINIUM ASSOCIATION, INC., PLAINTIFF, v. THE BERKLEY CONDOMINIUM RESIDENCES, INC., ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided June 7, 1982.

Attorney(s) appearing for the Case

Norman L. Zlotnick for The Berkley Condominium Association, Inc. (Bloom & Zlotnick, attorneys).

Jeffrey L. Gold for The Berkley Condominium Residences, Inc.

Theodore S. Ridgway for Paul R. Auchter.

John C. Matthews for Michael Gottlieb.

GIBSON, J.S.C.

These are consolidated cases which bring into question the constitutionality of N.J.S.A. 46:8B-36. That statute creates a rebuttable presumption of unconscionability with respect to provisions in master deeds or condominium-association bylaws which retain to the developer or the association a right of first refusal to buy a condominium upon resale, gift or devise. On its face, the statute purports...

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