Azar v. Old Willow Falls Condominium Ass'n

Plaintiff, Saul Azar, beneficial owner of 48 units in the Old Willow Falls Condominium, filed suit to enjoin defendant, Old Willow Falls Condominium Association, from levying a special assessment of $223,000 without obtaining approval from two-thirds of the condominium unit owners. Defendant filed a motion to dismiss plaintiff’s claim for failure to state a cause of action, which the trial court granted. After plaintiff’s motion for reconsideration was denied, he filed this appeal.

We adduce the following background from the affidavits, pleadings and documents filed. Plaintiff, together with…