Weary v. Long Reef Condominium Ass'n
2012 WL 2924122
Supreme Court of The Virgin Is...2012Background
- Weary owned a Long Reef condo and faced a special parking-lot renovation assessment up to $80,000, apportioned by unit ownership interests, notified 9/16/2004; Weary was assessed $3,162.90.
- A 2005 notice sought payment for windstorm and fire insurance assessment.
- Long Reef filed a 2006 lawsuit seeking $4,314.98 and foreclosure of a lien for nonpayment.
- Weary answered in 2006; Long Reef moved for summary judgment in 2007; court heard 2/19/2008 and granted summary judgment for Long Reef.
- Order dated 2/28/2008 memorialized the grant of summary judgment; Weary appealed on 3/27/2008.
- The appeal focused on whether assessments were properly issued under Long Reef By-Laws; some issues were deemed waived for failure to raise them below.
- The majority affirmed; Judge Hodge concurred in part and dissented in part regarding the parking lot issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parking lot assessment complied with By-Laws | Weary: Section 12 required 2/3 approval by owners and mortgagees. | Long Reef: Section 11 governs owner-meeting votes; majority approved suffices. | No genuine issue; majority at owners meeting approved; parking lot valid. |
| Whether windstorm/fire insurance assessment complied with By-Laws | Weary: Board failed to conduct appraisal before assessing. | Board followed By-Laws; No evidence showing noncompliance. | No genuine issue; assessment upheld as proper. |
| Waiver/Preservation of issues not raised below | Weary's broader objections should be considered. | Many issues were not raised or defended below and are waived. | Issues not raised below are waived on appeal. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (burden-shifting standard for summary judgment)
- Bright v. United Corp., 50 V.I. 215 (V.I. 2008) (summary judgment burden; mere allegations insufficient)
- Towers Condo. Ass’n v. Lawrence, 32 V.I. 185 (V.I. Terr. Ct. 1995) (no owner may withhold liability for common assessments)
- Lawrence, 32 V.I. 185 (V.I. 1995) (cited for enforcement of covenants/bylaws—default principles)
- Saldana v. Kmart Corp., 260 F.3d 228 (3d Cir. 2001) (plenary/summary judgment standards in federal context)
- Williams v. United Corp., 50 V.I. 191 (V.I. 2008) (plenary review of summary judgment)
- Knopick v. Connelly, 639 F.3d 600 (3d Cir. 2011) (summary judgment standard; apply proper record view)