Gascoyne v. Bay Towne Property Owners Ass'n

SCHEB, Acting Chief Judge.

The appellant, a condominium owner, challenges the foreclosure of his home to pay the maintenance assessment imposed by the condominium association. He argues that the foreclosure was improper because it was based on the association’s unjust refusal of his tender of payment. We agree and reverse.

During 1988, a dispute arose between the parties regarding maintenance assessment fees owed by the appellant. The disagreement later expanded to include the association’s demand for attorney’s fees and miscellaneous expenses. On October 20, 1988, the association filed a claim…