Craig Wm. Black and Camille R. Brill v. Whitestone Estates Condominium Homeowners' Association, Donald Jurewicz And…

Summary

The court affirmed the judgment requiring the condominium owners to pay unpaid assessments, a special assessment, and the association's attorney's fees. It held that the condominium declaration authorized the association to apply payments to the oldest balances despite the owners' payment directions, that the disputed funds were reserves rather than distributable surplus, and that an actual controversy supported declaratory relief concerning responsibility for drive maintenance. The court also held that the owners' actual knowledge of a special assessment prevented an omission from an assessment statement from eliminating their payment obligation.