The bylaws of the Council of Unit Owners of Gables on Tuckerman Condominium (the council) (defendant) defined and distinguished between the townhouse condominium's common and individually owned elements. The bylaws required the council to repair and insure against damage to the common elements. The bylaws required each individual owner to repair and insure against damage to his or her own townhouse, including damage caused by water leaks or seepage, whether from inside or from outside the townhouse. Maryland's condominium law contained similar provisions. Diane Anderson and her townhouse's insurer, Erie Insurance Exchange (Erie), (plaintiffs) paid the costs of repairing the damage caused by a ruptured water heater on the top floor of Anderson's townhouse. Anderson and Erie sued the council after it refused to reimburse their expenses. The trial court entered judgment for the council. Anderson and Erie appealed to the Maryland Court of Appeals.