Legal Opinion · Dissent

America Condominium Association v. IDC, Inc.

Supreme Court of Rhode Island

Decided March 23, 2004No. 2001-469-AppealPublished

1DissentFlanders, Justice

Most respectfully, and with the utmost regret for having to say so, I am of the opinion that the majority’s decision in this case repeatedly misinterprets the Rhode Island Condominium Act (act), G.L.1956 chapter 36.1 of title 34. It does so:(1) By allowing the plaintiff condominium associations to maintain this lawsuit challenging the validity of amendments to a condominium declaration even though they failed to file this action until long after the one-year period for doing so expired under the applicable statute of limitations;(2) By holding that individual unit owners — whose condominium…

2Cases cited5 opinions

  1. Chase v. ChaseSupreme Court of Rhode Island · 1897
  2. Pukas v. PukasSupreme Court of Rhode Island · 1968
  3. Theta Properties v. Ronci Realty Co., Inc.Supreme Court of Rhode Island · 2003
  4. DiBiase Corp. v. JacobowitzMassachusetts Appeals Court · 1997
  5. McConnell v. WilsonSupreme Court of Rhode Island · 1988

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