FIRST REPORT
The Greenbriar Woodlands Condominium Association is stubbornly refusing to permit Orthodox Jewish residents to construct an eruv.
Attorney Larry Loigman has stepped up to the plate in representing the residents and is taking the Association to court over the matter, FAA News has learned.
According to the complaint filed by Mr. Loigman in New Jersey Superior Court, Chancery Division in Ocean County:
Plaintiffs, Isaac Forster and Alter Benedikt are owners of property in the Greenbriar Woodlands condominium; and are members in good standing of the Association.
Plaintiffs are observant members of the Orthodox Jewish faith, and bring this action on their own behalf, as well as on behalf of other residents who strictly observe the tenets of the Jewish religion.
In May 2024, Plaintiffs advised Maria Cassidy, the Community Manager, of their desire to install an eruv at Greenbriar Woodlands. They provided her with a fact sheet, explaining the de minimis nature of the eruv.
The fact sheet explained that there would absolutely be no change to the façade and appearance of the development what-so-ever as the construction work is done only at the fence open area and no modification is needed at the entrance to the development. Additionally, the costs of the project would be funded solely by benefactors and supporters of the Jewish community and its maintenance is done independently, not involving any staff or employees of the Association.
On June 27, 2024, Ms. Cassidy, wrote to Plaintiffs, stating:
The Board met to further discuss your proposal of an ERUV installation on the common property. The area of the common property for the proposed installation would be at the opening of the perimeter fence line beyond the 14th hole that backs up to Silverton Farm.
The Board understands the purpose of the ERUV and realizes that the Association would not bear any expense nor would be responsible for the installation and maintenance of it.
Historically the Board does not allow any person(s) to install any permanent structure on common property. The Board has denied your proposal based on this long-standing policy prohibiting any owner installed/maintained permanent structures (fencing, poles, signs, buildings etc.) anywhere on the community’s common property.
The Board appreciates your effort in presenting this proposal to them to consider.
On July 8, 2024, Plaintiffs’ attorney wrote to the Association, requesting reconsideration of its decision. On July 10, 2024, Ms. Cassidy wrote to Plaintiffs and their attorney, stating, “The Board met today and reviewed your letter dated July 8, 2024. The Board has not changed their position on this matter.”
The Association’s Bylaws do not include a “long-standing policy prohibiting any owner installed/maintained permanent structures.”
In fact, the Association is governed by the “Merged Declaration of Covenants and Restrictions,” dated November 2, 2000, which provides that every lot owner shall have a right and easement of enjoyment in and to the Common Property and such easement shall be appurtenant to and shall pass with the title to every Lot and Living Unit.
The Association’s rejection of Plaintiff’s request was arbitrary, capricious, and unreasonable, as well as lacking support in the governing documents.
The management and officers of the Association knew that the construction of the eruv would make residences in Greenbriar Woodlands more attractive to observant members of the Jewish faith. The Association wishes to restrict, curtail, limit, discourage or prohibit the purchase of residences by observant members of the Jewish faith.
In enforcing covenants, conditions and restrictions on the real property within the Greenbriar Woodlands development, the Association acts as a zoning authority, similar to, or with the authority of, the municipality or other governmental body. The Declaration of Covenants and Restrictions, and the Bylaws of Greenbriar Woodlands, are instruments recorded in the Office of the Clerk of Ocean County; affect title to real estate; and may be subject to judicial enforcement, only if in compliance with law.
The Association must comply with the provisions of the Fair Housing Act, the Religious Land Use and Institutionalized Persons Act, the Law Against Discrimination, and similar laws designed to protect civil rights.
Furthermore, those observant Jewish residents of Greenbriar Woodlands who are handicapped, disabled, or otherwise mobility-challenged, and require assistance such as wheelchairs, are further adversely affected by the absence of an eruv, contrary to the statutes cited above. The eruv is a reasonable accommodation for their needs.
However, rather than acting in a manner consistent with the requirements of civil rights policies, statutes and regulations, the Association has instead enforced its regulations in an arbitrary, capricious, and unreasonable manner, so as to impede the observance of religious practices and beliefs by members of the Jewish faith.
The Association's misconduct has resulted in harm to Plaintiffs and other members of the Jewish faith, including both residents and potential residents.
The suit demands judgment as follows:
A. For an order specifically compelling Defendant to act in a manner consistent with its obligations under civil rights policies, statutes and regulations;
B. Ordering, declaring and adjudging that Defendant Association’s rejection of Plaintiffs’ request, which was arbitrary, capricious and unreasonable, is vacated;
C. Ordering, declaring and adjudging that Plaintiffs’ request for construction of an “eruv,” which was in compliance with the governing documents and all legitimate requirements, rules and regulations of Greenbriar Woodlands, is approved;
D. For an order specifically compelling Defendant to adopt, implement and publicize a civil rights policy;
For damages, both punitive and compensatory;
E. For costs and fees, including attorney’s fees; and
F. For such other and further relief as the Court may deem just and equitable.
The Association has 35 days to answer the complaint.
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2 comments:
A person who cannot walk unaided may use an ambulatory device such as a cane, walker, wheelchair or crutches on Shabbos, even in the absence of an ERUV. Nobody is stopping anybody from practicing their religion. No wonder there is so much hatred with so many lawsuits and demands when rules have been in place in adult communities that everyone has to follow. Don't move into that community if you don't like the rules. Many don't move into those communities because of the rules.
Prior to your request, there are many families of Jewish faith that live in the Greenbriar, so now because the Orthodox Jewish families moved in, no matter what the request, why do you make it about discrimination? We all get along and peaceful, why don’t you try to do the same, we are not hateful people.
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