Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)

Citation: Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)
Parent Document: Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)
Jurisdiction: Vermont (state)
Effective Date: 1989-06-23
Original Source: https://www.courtlistener.com/opinion/1561260/meadowbrook-condominium-assn-v-... ↗

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Each unit owner is entitled to an undivided interest in the common areas and facilities which remains undivided unless the entire property is removed from condominium ownership. 27 V.S.A. § 1306(c). Each such owner is entitled to a *29conveyance to the property owners’ association of the common areas completed in a workmanlike manner. Unless this is accomplished, such an owner under the facts of this case cannot be made whole. The effect of the majority’s opinion is to penalize those unit owners who are entitled to such a recovery. Drexel Properties, Inc. v. Bay Colony Club Condominium, Inc., 406 So. 2d 515, 519-20 (Fla. Dist. Ct. App. 1981). The law should be more solicitous of these innocent consumers than of the tortfeasor-developer.

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