Bon Ayre Land LLC v. Bon Ayre Community

Summary

The Supreme Court reversed the Superior Court's judgment denying the landlord's proposed rent increase and remanded the matter to the arbitrator. Because the governing statute was ambiguous about the applicable scope of judicial review, the Superior Court did not err in considering whether the homeowners' association had waived its challenge to the statutory meeting requirements. The Superior Court did err by reversing without allowing the landlord an opportunity to present evidence on compliance with those requirements. The court did not decide the remaining issues and directed further proceedings under the amended statute.