Association’s Failure to Perform Its Duties is No Defense to Action Against Owner for Nonpayment of Assessments

This case involved a dispute between a condominium owners association (“Association”) and a unit owner (“Owner”) over Owner’s non-payment of her share of common expenses and claims by Owner that Association lacked “capacity” to sue him because Association’s board of directors had not been properly elected.

In late 2020, Association filed an action against Owner seeking a judgment in the amount of $4,959.00 for unpaid common expenses, late fees, interest, and attorney fees. Association also sought to evict Owner from the unit and take possession of the unit. The statute on which Association based its action anticipates that if the eviction is ordered, Association would be entitled to take possession of Owners’ unit and recoup the monetary amounts owed by Owner by renting out the unit. After all amounts owed by Owner are paid, possession of the unit is returned to the owner, who remains the actual owner of the unit.

In defense of Association’s claims, Owner contended that Association had not conducted an election of new directors since she had purchased her unit in 2017 and that Association’s president was unilaterally holding herself out as the president. Owner argued that part of what Association had to prove in order to have the capacity to bring the action against Owner was that Association had complied with the statutory requirements applicable to non-for-profit condominium associations and its own bylaws.

The trial court found that the applicable state statutes did not require: