Walker v. 90 FAIRLIE CONDOMINIUM ASS'N

Phipps, Judge.

This case pits Cole and Ashley Walker, in their capacity as owners of unit 902 in the 90 Fairlie Condominium building, against 90 Fairlie Condominium Association, Inc., and its board of directors. The dispute concerns the condominium building’s tenth-floor rooftop terrace, which adjoins the Walkers’ penthouse unit. The Walkers claim that the bulk of the rooftop terrace is a “limited common element” reserved for their exclusive use. The association and board claim that most of the terrace is a “common element” reserved for the use of all unit owners. The parties filed…