Bon Ayre Land, LLC, Appellee Below-Appellant v. Bon Ayre Community Association, Appellant Below-A — Vaughn, J…

Summary

The dissent would reject the Superior Court's interpretation that a market-rent increase is justified only by a demonstrated increase in operating expenses. It would hold that bringing below-market rents into alignment with market rent can be directly related to operating the community, while recognizing that an arbitrator may deny an otherwise justified increase if it would be unreasonable or burdensome. The dissent would reverse and remand for review without limiting the market-rent factor to provable expense increases.