Court Says Owner Must Restore Original Ceiling Height in Her Condominium and Orders Owner to Pay $96,155.08 for Association’s Attorney Fees and Costs

The case involved a dispute between a condominium association (“Association”) and a condominium owner (“Owner”) over Owner’s right to increase the height of the ceiling in her unit, which was a “limited common element,” without first obtaining approval of the Association.

After purchasing her condominium in early 2020, Owner commenced renovations in the unit, which included replacing the windows and raising the ceiling height in one room by 26 inches, without first obtaining approval from the Association. After becoming aware of the ceiling renovation, Association’s board of directors determined that the increase in height of the ceiling was a violation of Association’s governing documents and sent a written notice of the violation to Owner demanding that Owner restore the ceiling height to its original condition. Owner did not comply with the Association’s demand and the Association filed a lawsuit against Owner seeking a permanent injunction requiring her to return her ceiling and the common area above it to their original conditions. In the lawsuit the Association also sought: (i) a declaration from the court that Owner must obtain board approval prior to making additions, alterations, or improvements to the Association’s common elements; and (ii):