Court Decides Who is Responsible for 4 Million Special Assessment

This case involved a dispute between a group of condominium owners (“Owners”) and their homeowners association (“Association”) over Owners’ responsibility to pay their share of a special assessment levied against all homeowners to cover the more than $4 million dollar cost of replacing the HVAC system that serviced some of the units in the homeowners association. Because Association did not have a reserve fund to pay the extraordinary expenses of replacing the HVAC system, it gave notice to all 137 unit owners that they would have to pay a special assessment to cover the cost of replacing the HVAC system. Owners filed a lawsuit against Association seeking: