Vinings Run Condominium Association v. Linda Stuart-Jones

I disagree with the majority’s holding that the necessity rule is limited to cases involving landlords and tenants and so does not apply here. Whether that rule extends to condominium residents and condominium associations is an issue of first impression. Because the animating principle of the rule applies as well to condominium homes as to rental homes, I would hold that the rule itself likewise extends to condominiums. I therefore respectfully dissent.

It is true that the necessity rule has not been extended beyond the landlord-tenant context.

The necessity rule applies in the context of a…