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VICKY AND LARRY OREM v. HANOVER OFFICE PARK COUNCIL OF UNIT OWNERS

This appeal arises from a dispute between a condominium association and the owners of a unit, regarding rights of access to a stairwell and roof hatch adjacent to the unit. The owners brought a declaratory action against the condominium association, seeking a declaration that they had the right to lock the front stairwell door that led to their unit.

Following consideration of cross motions for summary judgment, the circuit court granted judgment in favor of the condominium association. The unit owners appealed, presenting three questions for our review:

I. Did the [c]ircuit [c]ourt err in finding that the Condominium Documents create an easement for ingress and egress through the Limited Common Element?

II. Did the [c]ircuit [c]ourt err in ordering that [a]ppellants cease from restricting [a]ppellee’s access through the Limited Common Element thereby denying [a]ppellants’ property rights in the Limited Common Element?

III. Did the [c]ircuit [c]ourt err in awarding damages in the nature of attorney’s fees for a breach of contract under Declaration Paragraph 12, without a finding that the legal action was authorized by resolution of the Board of Directors and that [a]ppellants were in violation of the Condominium Documents?

Read the unreported opinion.

 

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