Condominium Deck Checks

After a check/inspection of condo decks at Moorland Farm Condominiums, some decks were identified as in disrepair.  The Association determined that it would publish special assessment fees to all the condo owners as it felt the the decks were part of the common area.  Over $800,000.00 was assessed for the deck repairs.  The Plaintiff/Owners were those whose units did not need repair.  They filed suit arguing that the decks were not common area and should not have been assessed fees.  The Court agreed that the decks were not part of the common area and that each repair was therefore the responsibility of that unit owner.  However, the defendants argued that the affected plaintiffs whom would have to pay were not a party to the suit and were not before the court.  The superior court entered its order nonetheless.  The RI Supreme Court reversed the decision citing Section 9-30-11 of Rhode Island General Laws which states: that “[w]hen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.”.  So the matter has been sent back to the Superior Court.  See entire opinion at: Burns, et. als v. Moorland Farm Condominiums, Inc.