Epic Enterprises LLC v. Bard Group, LLC

by
The Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of Plaintiffs in this declaratory judgment action seeking a declaration that an amendment to a declaration creating a condominium complex adopted by Defendant was invalid. Defendant owned nine of the thirteen condominium units in the condominium complex and was therefore the majority owner. Plaintiffs owned the remaining four units. The original declaration expressly prohibited a restaurant use. Defendant, however, unilaterally adopted and recorded a “second amendment” to the declaration that expressly included “restaurant use” as a new permitted use relative to the units owned by Defendant. Plaintiffs brought this action arguing that, to be valid, the adoption of the second amendment required unanimous consent of all the owners pursuant to R.I. Gen. Laws 34-36.1-2.17(d). The hearing justice agreed and granted summary judgment for Plaintiffs. The Supreme Court agreed, holding that for the amendment to be valid, unanimous approval of all unit owners was required pursuant to section 34-36.1-2.17(d). View "Epic Enterprises LLC v. Bard Group, LLC" on Justia Law