MEEB’S SUCCESSFUL DECISION: New Hampshire Supreme Court - Protects Associations

MEEB partners, Thom Aylesworth and Gary Daddario, successfully represented a New Hampshire Condominium Association in a recent matter before the New Hampshire Supreme Court.  In Wang v. Brandywyne Common Condominium, the Court upheld the right of a condominium association to assess fines against a unit owner for his tenant’s violations of the association’s rules and regulations.  Specifically, the violations were for such things as failure to dispose of pet waste, unleased pets, parking violations, and disturbances (most notably a confrontation with police).  The association also assessed late fees due to the unit owner’s failure to pay the fines.

The association filed a lawsuit in the New Hampshire Superior Court to enforce the collection of the fines and late fees. The association, represented by MEEB, filed a motion for summary judgment seeking rulings from the court without a trial.  The Superior Court judge granted the motion and ordered the unit owner not only to pay over $1,400 in fines and late fees but also to pay the association’s reasonable attorney’s fees of more than $12,000.  

The unit owner appealed the Superior Court decision to the New Hampshire Supreme Court.  The Supreme Court affirmed the Superior Court ruling and ordered the unit owner to pay not only the fines, late fees, and attorney’s fees as ordered by the Superior Court, but also to pay the association’s attorney’s fees in connection with the appeal.  The Supreme Court will soon issue a separate ruling as to the amount of additional attorney’s fees the unit owner must pay the association. 

This case is a good example of the courts’ recognition of a condominium association’s rights under governing condominium documents and the condominium statute to recover attorney’s fees in disputes involving the association’s enforcement of rules and regulations.  Click here for Decision.