Heiser v. Board of Directors, Washington Row II Preservation Society Inc.
Allegations that a condominium association's board of directors charged only some of the owners for the repair of a common element can be sufficient to allege a claim that the board of directors violated Connecticut General Statutes §47-74(b)(1). Allegedly, the defendant board of directors of a condo association with four buildings only assessed the owners of one of the buildings the $70,000 repair costs for the elevator in that building. Condo owners sued the board, alleging that the elevator constituted a common element, and the costs of repair should have been divided and assessed against each of the condo owners in the condo associations' four buildings. The board of directors moved to strike. Connecticut General Statutes §47-74(b)(1) provides, "Each unit owner shall own an undivided interest in the common elements, in the percentage expressed in the declaration." The court did not find any prior case law in Connecticut, on whether a condo association violates C.G.S. §47-74(b)(1) when the condo association charges only some of the condo owners for repairs to a common element. Allegations that the statute provides an undivided interest in common elements, that the elevator qualifies as a common element, and that the board of directors charged only some of the condo owners for the repair of the common element, were sufficient to state a claim. Ruling on an issue of apparent first impression in Connecticut, the court denied the board of directors' motion to strike.