Mon, Oct 26, 2015
Mazzei Wins Summary Judgment for Condo Board Members
On September 22, 2008, a Special Owners Meeting was held by the Board of Managers for a Condominium Association. At the Special Owners Meeting, a proposal was introduced regarding the installation and funding of vinyl siding on buildings and garages on Sunset property. A Special Assessment was issued to fund the installation of the vinyl siding.
Plaintiffs contested the vote approving the vinyl siding installation as well as the Special Assessment to help fund it and brought suit against the board member for the Association.
On behalf of the board members, Mazzei filed a motion for summary judgment. Mazzei argued Plaintiffs had paid or had agreed to fully pay the Special Assessment directed to them to help fund the vinyl siding installation. Consequently, Plaintiffs had no justiciable interest and their claims were moot. Mazzei also argued Plaintiffs were barred from pursuing their claims against the board members pursuant to the doctrine of laches.
Following argument, the Court granted summary judgment in favor of the board members. The Court found the excessive delay in filing the lawsuit was prohibited pursuant to the doctrine of laches. The Court also found that Plaintiffs did not have a “justiciable controversy” and a “legally protectable interest at stake”.