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CCOC Decision Summary

Lebowitz v. Arora Hills Condominium Association #60-14 (March 16, 2015) (Panel: Stevens, Fishbein, Winegar)

This complaint originally alleged that the association was liable to repair a sagging floor in a new condominium because the support for the floor was in the common elements.  After the matter was set for a hearing and a prehearing conference was held, the homeowner withdrew that complaint and moved for a dismissal without prejudice of the complaint.

The panel agreed to dismiss the complaint without prejudice, but it went on to note, on its own initiative, that it was clear from evidence and the association’s own admission that it had failed, in at least one instance, to give advance notice of a board meeting and therefore violated the “open meetings” section of the Condominium Act.

The panel therefore ordered all members of the board of directors, and the association’s manager, to take a class in how to comply with the “open meetings” section of the law that was taught by its attorney, and to certify that it did so.

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