PARSIPPANY — On Tuesday, January 9, 2017, Brian M. Rader, Esq., on behalf of a number of plaintiffs, filed a Verified Complaint and Order to Show Cause seeking an injunction of the Lake Parsippany assessment program.
On Tuesday, January 17, 2017, the parties appeared in the Superior Court of New Jersey, Morris Vicinage.
The Court granted the injunction and suspended the assessment program. Lake Parsippany Property Owners Association (LPPOA) is not permitted to send further bills, invoices or engage in collection actions against individuals.
Any payments that the Lake Parsippany Property Owners Association receives in connection with the assessment program from any lot owner will be held in an attorney escrow account pending the final outcome of the case.
“This is a tremendous step in the right direction because prior to granting an injunction, a court must consider the merits of the case, and determine whether the plaintiffs have a reasonable likelihood of success. Our position remains legally meritorious. Simply, there is no basis to implement an assessment against property owners who do not own property in a common-interest community, and who derive no benefit from facilities that can be utilized by any individual, whether they reside in Lake Parsippany or otherwise. The LPPOA cannot benefit from its own destruction of Lake Parsippany, ” said Brian M. Rader, Esq.