WOODLANDS COMMUNITY ASSOCIATION, INC. v. BARBARA JO CATHERINE

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3218-04T53218-04T5

WOODLANDS COMMUNITY ASSOCIATION, INC.,

Plaintiff-Appellant,

v.

BARBARA JO CATHERINE,

Defendant,

and

JOHN CATHERINE,

Defendant-Respondent.

___________________________________________

 

Submitted December 21, 2005 - Decided January 17, 2006

Before Judges Grall and Kimmelman.

On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Atlantic County, DC-05511-04.

Stark & Stark, attorney for appellant (David J. Byrne, of counsel and on the brief; Richard B. Linderman, on the brief).

John Catherine, respondent pro se.

PER CURIAM

Plaintiff, Woodlands Community Association, Inc., appeals from a Special Civil Part judgment entered January 20, 2005. Defendant John Catherine and his wife were sued for unpaid condominium assessments, late fee charges, interest, attorney's fees and legal costs incurred with respect to a condominium unit formerly owned by them in plaintiff's complex. The unit had been previously leased to a third party. Barbara Catherine, defendant's ex-wife, was also sued because she was joint and severally liable on the plaintiff's claims but settled the claims against her for $4000 and was dismissed as a party from the action. A counterclaim was filed by defendant for water damage to the interior of the unit occurring from damage to the exterior siding of the unit. Meanwhile, a mortgage executed by the Catherines on the unit had been foreclosed.

At trial, Judge Perskie determined that defendant was responsible for unpaid assessments, but allowed a set-off of $500 for the water damage and gave defendant a credit for $4000 for the amount paid by his ex-wife in settlement of the joint and several claim against them. The judge held that plaintiff was not entitled to late fees and refused to award attorneys' fees and costs because he found difficulties with the language of plaintiff's by-laws. A net judgment of $1,749.29, which included interest, was rendered against defendant.

On appeal, plaintiff contends that reasonable attorneys' costs and late fees should have been included in the judgment.

We have carefully reviewed the record and the legal arguments advanced by the parties. We are satisfied that the judgment entered by the Special Civil Part be affirmed substantially for the reasons expressed by Judge Perskie in his oral opinion rendered January 20, 2005.

Affirm.

 

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A-3218-04T5

January 17, 2006