Association and Homeowner Fight Over Plumbing Bill Liability

This case involved a dispute between a condominium owner (“Owner”) and her homeowners’ association (“Association”) over who was responsible for the payment of a $725.00 plumbing bill incurred for the repair of a leak.

Association contended that the leak occurred within Owner’s unit, as opposed to common area, and therefor Owner was responsible for payment of the plumber’s invoice. As such, Association made a $725.00 assessment against Owner. Association offered to allow Owner the opportunity to pay the $725.00 pursuant to a payment plan, but Owner refused, contending that the repair was the responsibility of Association. Choosing to fight-out the issue with Association in court, Owner filed a complaint against Association alleging that the assessment was improper and that Association also improperly released confidential financial information about Owner that caused her embarrassment and injury. In her complaint, Owner also contended that Association failed to property maintain all common areas and, therefore, Owner was entitled to an accounting.

The trial court granted summary judgment in favor of Association on all claims that were alleged by Owner. In addition to awarding Association a judgment for the $725.00, the trial court awarded Association attorney fees in the amount of:

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