Roberts v. Nine Island Avenue Condominium Ass'n

This appeal arises out of a dispute between Nine Island Avenue Condominium Association (Association) and unit owners of boat slips (slip owners) at Nine Island over who is responsible for the cost of reconstruction of the marina and boat slips, destroyed by Hurricane Irene in 1999. After the hurricane, the Association assessed each slip owner a proportionate share of the $701,050 reconstruction. Some of the appellant slip owners paid the *288special assessment and others refused. In 2002, eighteen slip owners, about half the total number, filed a declaratory action asking the trial court to…