Century Park Condominium Ass'n v. Norwest Bank Bismarck, National Ass'n

LEVINE, Justice.

Norwest Bank Bismarck, National Association, a corporation (the Bank), appeals from a summary judgment in an action by Century Park Condominium Association, a corporation (the Association), to recover unpaid assessments for common expenses levied on unconstructed condominium units. The judgment was based upon the court’s determination that the Bank voluntarily purchased unconstructed condominium units, knowing that they were subject to assessments for common expenses. We reverse and remand.

In 1979, Dean and Deanna Kinnischtzke borrowed $150,000 from the Bank to construct a…