Legal Opinion
Mountain View Condominiums Homeowners Ass'n v. Scott
Court of Appeals of Arizona
Decided August 25, 1994No. 2 CA-CV 93-0288PublishedCited by 9 opinions
1Opinion of the Court
OPINION
LACAGNINA, Judge.
In this appeal we must decide whether the unit owner of a condominium is obligated to pay assessments to the homeowners’ association if the construction of improvements on the individual unit has not occurred. We hold that because unit ownership includes a vested, undivided interest in the common elements, the obligation to pay assessments arises from unit ownership and is not dependent upon completion of improvements. We therefore reverse the judgment of the trial court.
FACTS AND PROCEDURAL HISTORY
Mountain View Condominiums is a condominium complex created in 1984…
2Cases cited5 opinions
- Makeever v. LyleCourt of Appeals of Arizona · 1980
- Bradley v. MullenixMissouri Court of Appeals · 1988
- Fairway Villas Venture v. Fairway Villas Condominium Ass'nCourt of Appeals of Texas · 1991
- Sun-Air Estates, Unit 1 v. ManzariCourt of Appeals of Arizona · 1983
- American Savings Service Corp. v. KosakaCourt of Appeals of Arizona · 1985
3Cited by9 opinions
- Centennial Station Condominium Ass'n v. Schaefer Co. Builders, Inc.Commonwealth Court of Pennsylvania · 2002
- Aluminum Industries Corp. v. Camelot Trails Condominium Corp.Court of Appeals of Wisconsin · 1995
- Harrington v. BlackstonCourt of Appeals of South Carolina · 1995
- Highpoint at Lakewood Condominium Association, Inc. v. TheNew Jersey Superior Court Appellate Division · 2015
- Willows Condominium Owners Ass'n v. KrausMissouri Court of Appeals · 2015
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