Mozley v. Prestwould Board of Directors

In this appeal, we consider whether the Virginia Condominium Act, Code §§ 55-79.39 through -79.103 (the Act), requires an award of attorneys’ fees and costs to the prevailing party in a declaratory judgment suit brought by a condominium unit owner against a unit owners’ association to determine whether the association properly rendered an assessment for the replacement of certain windows, which the association contended were “limited common elements” under the Act.

The Prestwould Condominium (the Prestwould) is a multi-unit condominium located in the City of Richmond. Doris Mozley owns a…