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ARTICLE · 11 MAY 2021

Amendments To Condominium Documents MUST Be Reasonable To Be Valid

In 2016, a Master Association adopted seven amendments to its declaration. The amendments addressed the Master Association's authority to approve proposed uses of certain buildings,...

United StatesReal Estate and Construction

Facts

In 2016, a Master Association adopted seven amendments to its declaration. The amendments addressed the Master Association's authority to approve proposed uses of certain buildings, increased assessments on them, and imposed additional restrictions on those buildings' tenants. In response, the building's prior owner ("Building Owner") filed suit against the Master Association and eight individual directors and officers, seeking six forms of relief: (1) a declaratory judgment concerning the legality of the amendments; (2) damages for tortious interference with a business relationship; (3) damages for breach of fiduciary duty; (4) an accounting; (5) a temporary injunction; and (6) a permanent injunction.

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