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O'Buck v. Cottonwood Village Condominium Association, Inc.
Alaska Supreme Court
50 P.2d 813 (Alaska 1988)
The O’Bucks (plaintiff) owned a unit in the Cottonwood Village condominium complex (Cottonwood) (defendant). Cottonwood was wired for television service via antennae. The O’Bucks had four televisions and cited the antenna as an important factor in their purchase of the unit. Subsequently, Cottonwood found that one of the causes of numerous leaks to its roofs in the complex was the presence of the antennae on the roofs and foot traffic related to the antennae. To prevent further leaks, Cottonwood removed all antennae from roofs and adopted a rule prohibiting residents form mounting any new antennae. Cottonwood compensated the O’Bucks for the removal of their antenna. In lieu of television service through antennae, Cottonwood paid for the installation of cable in the O’Bucks’ unit for one of their televisions. However, the O’Bucks had three other televisions and it would have cost them $10 per month each to set them up with cable. The O’Bucks brought this suit seeking damages and an injunction of the new Cottonwood rule prohibiting antennae on the roof. The superior court ruled in favor of Cottonwood. The O’Bucks appealed.
Rule of Law
Holding and Reasoning (Rabinowitz, C.J.)
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