Thiess v. Island House Association

Island House Association (the association) (plaintiff) was a nonprofit corporation that managed the Island House beachfront condominiums. The association consisted of the property owners of the condominium complex. The complex contained 38 one-story villas and 35 apartments, which were located in four high-rise buildings. The value of the apartments was higher than the value of the villas. Yet, the Declaration of Condominium provided that the property owners of each unit would be equally responsible for sharing the expenses associated with the common areas. The roofs of the apartment buildings began to leak, causing water damage, with the cost of repairs totaling approximately $50,000. Owners of the villa units did not want to pay for the cost of repairs to the apartment-building roofs, and the owners of the apartment units did not want to pay for the entire cost of repairs. The association proposed an amendment to the Declaration of Condominium, which modified each unit owner’s share of expenses to reflect the pro rata portion of each unit’s assessed value. Over 51 percent of the property owners approved the amendment, and the $50,000 needed to repair the roofs was assessed among the owners based on this new calculation. One apartment owner, Thiess (defendant), refused to pay his assessment, and the association filed a lawsuit to require payment. The trial court ruled for the association, and Thiess appealed.