Charles Burns v. Moorland Farm Condominium Association

OPINION

Justice FLAHERTY, for the Court.

What is before this Court for review is whether outdoor decks in a condominium development are common elements, to be repaired as a common expense, or parts of the individual units, the repair of which is chargeable to the individual unit owners. When the oldest units in the thirty-three-unit Moorland Farm Condominium required repairs to their decks, the repairs were treated as common expenses. Accordingly, the repair costs were assessed to all unit owners. The owners of those condominium units that were not benefiting from the improvements protested.…