Part 48 published on 01/11/14
Owner’s counterclaim doesn’t affect obligation to pay special assessments
The condominium corporation had levied special assessments in order to address leaks in the building envelope. One of the owners refused to pay the special assessments, and gave various reasons for his refusal. The condominium corporation asserted a claim against the owner, and ultimately sought summary judgment of the claim. The owner had asserted a counterclaim against the corporation and argued that the corporation’s claim should not be decided on a summary basis, but instead should be stayed (delayed) until the hearing of his counterclaim. The Court declined to grant the requested stay, and granted summary judgment to the condominium corporation. The Court said:
… I do not strike out the (owner’s) counterclaim. Rather, I leave it in place but it will not affect the resolution of the claim by the condominium corporation against the defendant.