Case Caption: Michael J. Weary v. Long Reef Condominium AssociationCase Number: S. Ct. Civ. No. 2008-0021Date: 07/13/2012Author: Swan, Ive Arlington Citation: Summary:

In considering an appeal from an order granting summary judgment in favor of a condominium association granting the association a judgment of foreclosure on a lien recorded against appellant's condominium unit and requiring the appellant to pay certain condominium assessments and fees, plus interest, there is no genuine issue of material fact based on the record presented regarding the issue whether the appellant was obligated to pay both the parking lot repairs assessment and the windstorm fire insurance assessment at issue. He had an absolute obligation to pay his portion of these common charges, and neither Virgin Islands law, e.g., 28 V.I.C. § 906, nor the association's declaration and by-laws supports a unit owners' independent decision to withhold payment of common charges. The Superior Court's order granting the condominium association's motion for summary judgment is affirmed.

Attachment: Open Document or Opinion