Statute of Repose Bars Government Enforcement Action

Cyktor v. Aspen Manor Condo. Ass’n, 820 A.2d 129, 359 N.J. Super. 459 (N.J. Super. Ct. App. Div. 2003)

In this case, a condominium developer negotiated an agreement releasing it and its principals from all liability connected with the construction of the development at issue.  The agreement was reached in 1986, several years after construction was completed, and transferred control of the development to the condominium association.  Eleven years later, in 1997, the Department of Community Affairs (DCA) cited the development for certain violations regarding the structure of the facility.  In defense of the citation and the condominium association’s attempts to place liability with the developer, the defendants argued that the action was barred by the statute of repose.  The DCA argued that the statute of repose applied only to claims for damages and did not bar enforcement actions.  The court disagreed with the DCA and held that the statute of repose applies broadly to governmental action.