FIRST REPORT
After a year and a half of litigation, the Greenbriar Woodlands Condominium Association is finally agreeing to permit Orthodox Jewish residents to construct an eruv, FAA News has learned.
Back in May 2024, Isaac Forster and Alter Benedikt, property owners in the Greenbriar Woodlands condominium 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.
The request was flatly rejected.
On June 27, 2024, Ms. Cassidy, wrote back:
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.
At that point, the homeowners retained Attorney Larry Loigman.
Loigman wrote to the Association, requesting reconsideration of its decision. The reconsideration request was denied.
At that point, Loigman took the matter to civil court.
According to the complaint filed in New Jersey Superior Court, Chancery Division in Ocean County:
The Association’s rejection of Plaintiff’s request was arbitrary, capricious, and unreasonable, as well as lacking support in the governing documents. In fact, the Association’s Bylaws do not include a “long-standing policy prohibiting any owner installed/maintained permanent structures.”
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.
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 members of the Jewish faith, including both residents and potential residents.
After extensive litigation, the HOA Board has finally agreed to permit for construction of the eruv.
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