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Oceanside Condominium ruling won’t settle dispute

July 5, 2013

Superior Court Judge Silverstein rules that garages and storefront spaces should be included as floor space

NARRAGANSETT – The allocation of common expenses among condominium unit owners at the Oceanside Condominium complex has been long disputed.
The issue has been so hotly contested that the owners of three condos brought suit against the members of the Board of Directors of the Oceanside Condominium Association.

Since the discrepancy was first noticed in 2007, the parties haven’t been able to reach an agreement about whether to include garages and storefront spaces as floor space area in the calculation of allocated interests for assessing common expenses.
A Superior Court judge recently ruled that garages and storefront spaces should be included as floor space area.
From 1984 to 2009, all unit owners paid an equal amount of common expenses.
In 2007, the issue that some unit owners may be paying an unequal amount of allocated interests, which is “appurtenant to each unit, which shall be determined by a fraction, the numerator of which shall be the floor space area of each unit and the denominator of which shall be the total floor space of all units subject to this declaration as of the same date” was raised at the annual meeting of unit owners.
The declaration is a required of the complex’s developer under the Condominium Ownership Act, prior to the conveyance of any unit, and the developer must “record a declaration containing covenants, conditions and restrictions relating to the project.”

For the rest of this story and more local news, pick up the July 5 issue of the Narragansett Times.

Southern Rhode Island Newspapers
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