OBSC1 Litigation Follow-up


OBSC1 Members:

As discussed at the Member Legal Information Meetings hosted on Zoom on April 28 and April 29, 2026, in a letter mailed to you by our attorneys, and also included in prior emails from OBSC Communications, we summarized the conclusions and settlement pertaining to certain litigation brought against the Club.

Since those Information Meetings we have received certain inquiries, which we will attempt to respond to, within the confines of what can be discussed given the context of the litigation and settlement.
 
Question
Will we be able to discuss this litigation matter at our June 13, 2026 Spring Owners Meeting?

Answer
Yes, we can cover important aspects of this matter at our June 13 meeting and seek owners’ input on some important forward-looking matters.
 
Question 
Can we be told of potential litigation earlier in the process and can we have better transparency on all litigation and related costs, insurance claims, etc. over the past ten years?
 
Answer
Yes, this is something we can discuss and determine the right approach.
 
Question
If the height restriction that was broken is allowed to remain in place "are we simply paying the plaintiffs legal bills?" Why did the Board of Trustees agree not to force reduction of excess height of the house?
 
Answers
We have no direct knowledge of the full extent of what Plaintiff spent on his prosecution of this case against OBSC. OBSC’s legal costs, which were mostly covered by insurance, were substantially in excess of the settlement amount. OBSC’s Insurer wanted to settle for business reasons, including the cost of going to trial on this matter. Importantly, the settlement, along with the Appellate Court opinion in OBSC’s favor are positive developments for OBSC’s future. Further, the recently proposed NJDEP guidelines were also a factor in settlement.

If there are other inquiries over the next few days, OBSC’s lawyers will attempt to be responsive to your inquiries to the extent they are able, in the context of the litigation.
 
Sincerely, 
 
The Trustees and OBSC Legal Team