Part 50 published on 01/05/15
Condominium corporation entitled to summary judgment for unpaid condominium fees. Owner’s counterclaim dismissed
The owner had withheld condominium fees because of his objections to rental regulations passed by the corporation. Those regulations had been in place only from June through October 2010.
The owner had also asserted a counterclaim for alleged economic loss (lost rent) due to the regulations.
The Court awarded the condominium corporation summary judgment for the unpaid condominium fees, and dismissed the owner’s counterclaim. The Court said that there was no evidence of economic loss. The Court’s decision included the following:
“In my view, withholding these fees were, essentially, a self-help, pre-judgment remedy in anticipation of a successful Counterclaim. The grounds for this extraordinary remedy have not been made out. As a general rule, self-help remedies by unit owners are not to be encouraged.”