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Report: Judge Won't Halt Summer Construction in Ocean Beach III

Homeowners association wanted full ban on construction upheld in court

Patch File Photo: Daniel Nee
Patch File Photo: Daniel Nee
A Superior Court judge sitting in Ocean County has ruled against a homeowners association in Toms River that was seeking to halt its residents from doing construction and rebuilding work during the summer, the Asbury Park Press reported.

Judge Frank A. Buczynski ruled Wednesday that the homeowners association must allow residents to apply for hardship exceptions to a summer construction ban that has been in place since the 1980s, the Press reported.

The controversy over summer construction arose this spring when the homeowners association said it would restore the ban – which was lifted last summer due to Superstorm Sandy recovery – and fine residents who continued construction projects $500 per day.

Some homeowners continued projects anyway, saying their homes would half-built and could even be exposed to the elements for months if construction was not allowed to continue.

According to the Press report, the association's board will have 72 hours to grant or deny a hardship request. If they deny the request, the report said, a homeowner can challenge it in court.
Mac July 10, 2014 at 11:21 AM
yes, there is still room for common sense to prevail - it's a great day in Ocean County

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