A condo owner illegally rented his unit to a tenant who passed out and failed to stop a kitchen fire that quickly grew out of control. After the fire, the association’s insurance premiums tripled, crippling its budget.
Our team discovered a provision in the association’s declaration that allowed our client to special assess the increased premiums to the unit owner who caused the fire. When the unit owner refused to pay, we filed a lien and started a foreclosure action. When the unit owner filed a counterclaim, we persuaded the court that the association had the authority to special assess not just for the increased insurance premiums but also for its attorney fees.