Scott Mollen Condominium Board's Authority; Sua Sponte Dismissal: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Mangold v. Board of Managers of Meadow Court Condominium," and "Wells Fargo Bank N.A. v. Louis."
July 02, 2024 at 01:28 PM
18 minute read
Condominiums—Board Lacked Authority To Demand Unit Owner Replace and Pay for New Windows—Under the Governing Documents, Apartment Windows Were Not Part Of Common Elements
This decision involved a condominium window replacement policy (policy). The plaintiffs unit owners moved for summary judgment against the condominium's Board of Managers (board) and a co-defendant window replacement company (window company), seeking declaratory, injunctive and monetary relief. The defendants opposed the motion and cross-moved for summary judgment on the grounds that the action is moot.
The condominium's declaration defined "common elements" as "the entire building other than the units" and provides that "windows which open from a unit shall be deemed part of the unit…" Although the by-laws vested the board with "powers and duties relating to the condominium's common elements…, unit owners are in control of their individual unit." The defendants argued that although "maintenance of and repairs to any unit… shall be made by the owner of such,… maintenance, repairs and replacements to the common elements… shall be made by the Board…."
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