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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (98)

Full Text

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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 conveyance 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.