Board Had Proof of Outstanding Common Area Charges

Facts: A condominium board sued the owners of a condo to foreclose a lien issued for the nonpayment of common charges, and to recover the common charges and fees the owners allegedly owed. The owners counterclaimed, asserting that the board had no right to foreclose. The owners argued, among other things, that they already had overpaid common charges and that the board had “constructively evicted” them.


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