In a recent post, I discussed the decision of the Court of Special Appeals in an appeal in which I represented a group of condominium owners suing their Council of Unit Owners where the condominium’s suit against the developer for building defects was held to have been filed too late under the applicable statute of limitations. Greenstein et al. v. Council of Unit Owners of Avalon Court Six Condominium, Inc., No. 0485, September Term, 2009. [PDF] The unit owners sought to recover increased and special assessments that were necessary to cover the costs of repairing the defects. Court of Special Appeals expressly held that the individual unit owners have a right of action against the council of unit owners for the board’s failure to properly execute its duty to pursue a timely claim against the developer for defects in the common elements. This is the first Maryland appellate decision recognizing the right of individual condominium unit owners to file suit where the board of directors has failed to pursue a timely claim relating to defects in the common elements. On September 29, 2011, the Court designated this to be a reported opinion, and it will now stand as precedent for future cases.
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