Cross-motions for summary judgment were brought in this suit by Judith Eichen Fellheimer, Esq., on behalf of defendant Oak Ridge Corporation, and by Louis G. Rubino, Esq., on behalf of plaintiff Township of Upper. Briefs were submitted by both parties and counsel was heard on oral argument.
The object of this suit is the Oak Ridge Campground, a trailer campground located in Marmora, New Jersey. Owned and operated by John N. Davis, III and his wife Eleanor, the campground was open to the public for some 20 years until March 1981. It consisted of approximately 240 camp sites, each of which provided certain utility outlets, including water and electricity. Each site was rented exclusively for camping purposes through the months of April to October, inclusive.
On March 19, 1981 the campground property was transferred to the Oak Ridge Corporation. A master deed was filed on March 27, 1981 to establish the campground as condominium property. That action was taken by the president of the corporation, Ralph Clayton, Jr., pursuant to the law as set forth in N.J.S.A. 46:8B-8 through N.J.S.A. 46:8B-11 of the New Jersey Condominium Act. Plaintiff challenges the condominium conversion under Municipal Ordinances 9-1976 and 7-1976 of Upper Township, N.J.S.A. 46:8B-3(h) and N.J.A.C. 8:22-1.4.
It is the decision of this court to grant defendant's motion for summary judgment dismissing plaintiff's amended complaint, and to deny the motion of plaintiff.
A reading of the New Jersey Condominium Act, N.J.S.A. 46:8B-1, et seq., in conjunction with similar legislation of other states, reveals the language of our statute to be singularly broad, and does not contain a definition of the specific type of property subject to condominium conversion. References commonly made in such statutes to single units in multi-unit buildings, structures or groups of single-family or garden-type apartments does not appear in the New Jersey law. Under N.J.S.A. 46:8B-3(h), condominium is defined:
"Condominium" means the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
The definition of unit appears in N.J.S.A. 46:8B-3(o):
"Unit" means a part of the condominium property designed or intended for any type of independent use, having a direct exit to a public street or way or to a
common element or common elements leading to a public street or way or to an easement or right of way leading to a public street or way, and includes the proportionate undivided interest in the common elements and in any limited common ...