HVAC Equipment Encroached on Common Area

Facts: A condominium building contained several residential units and one unit for commercial use. When the condominium was initially built, the board of directors was run by the sponsor. It permitted the commercial tenant to install an HVAC unit on the rooftop common area. Several unit owners became board members later. On behalf of all owners, a board member sued the commercial tenant—a business owned by the sponsor.


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