Wilcox Investment Group, LLC v. P & D, LLC P & D, LLC v. Wilcox Investment Group, LLC

Summary

The court held that Wilcox did not assume Sea Pines' obligations under leases for two condominium units merely by acquiring special declarant rights and other project property through foreclosure. The Alabama Uniform Condominium Act and the condominium declaration gave the developer a right to use models, but did not create a right to possess units owned by others or impose the lease-based obligation to pay rent. The court also rejected P & D's argument that Wilcox was a successor or assignee under the leases because the units were excluded from the foreclosure sale and Wilcox never expressly assumed the leases.