Sisto v. Am. Condo. Ass'n
Annotate this CasePlaintiff was a condominium unit owner in a condominium community comprised of three sub-condominium residential areas. Plaintiff filed an application for approval to demolish his existing unit and rebuild a larger unit. After America Condominium Association asserted that Plaintiff did not own the land on which he sought to expand, Plaintiff filed a complaint against America seeking a declaratory judgment that he had sufficient interest to file an application regarding the expansion of his unit onto adjoining land. Plaintiff then brought an action against the larger condominium association and the other sub-condominium associations in the community, essentially parroting the allegations set forth in the America action. In both actions, the hearing justice concluded that Plaintiff had standing to file his application for the expansion of his unit but that Plaintiff's proposed expansion required the unanimous consent of the other 153 unit owners. The Supreme Court primarily affirmed, holding (1) Plaintiff had standing to file the application for expansion; but (2) pursuant to the Condominium Act, the unanimous consent of all of the unit owners must be obtained before Plaintiff could carry out his unit expansion.
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