Metroclub Condominium Ass'n v. 201-59 North Eighth Street Associates

OPINION BY

BENDER, J.

MetroClub Condominium Association (“Association”) appeals from the May 3, 2011 order granting the motion for judgment on the pleadings filed by 201-59 North Eighth Street Associates, L.P. (“De-clarant”), denying Association’s cross motion for summary judgment, and entering judgment in Declarant’s favor. The overarching question in this appeal is whether Declarant, the developer of the condominium at issue, can maintain control of a number of unassigned parking spaces, which constitute limited common elements of the condominium, under circumstances where Declarant is no…