Burns v. Moorland Farm Condo. Ass’n

The Moorland Farm Condominium consisted of thirty-three units in ten buildings. When the Moorland Farm Condominium Association became aware that certain outdoor decks in the condominium development were in need of repair, it issued a series of special assessments to pay for the repairs. Plaintiffs, owners of the condominium units that were not benefiting from the improvements, sued the association, contending that the assessments were illegal because the decks were not common areas, but rather, were part of individual units. The trial justice held that the assessments were illegal. The association appealed, arguing that the trial justice erred by advancing to trial in the absence of all indispensable parties, in particular, the unit owners who received the benefit of the association’s assessment for deck repairs but who would bear the financial burden of the reallocated costs as set forth in the judgment. The Supreme Court vacated the judgment, holding that the failure to join indispensable parties in this case was fatal and that the judgment was null and void.View "Burns v. Moorland Farm Condo. Ass’n" on Justia Law