Angora Enterprises, Inc., and Joseph Kosow v. Condominium Association of Lakeside Village, Inc.

This is an appeal from the district court’s dismissal of an action for a declaratory judgment brought by Angora Enterprises and Joseph Kosow against Condominium Association of Lakeside Village, Inc. We vacate and remand.

BACKGROUND

The origins of this case lie in a state court suit filed by the Condominium Association against the condominium’s developer, Joseph Kosow and, later, his assignee, Angora Enterprises. That suit was an attack on a condominium recreation lease which provided for periodic escalation of the rent based on a cost of living index. The lease also contained a clause which…