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Successfully argued in the Court of Appeals that an owner was prohibited from making modifications to the common elements and that the association was entitled to an award of legal fees.

Facts – An owner within an association filed an appeal of a trial court’s decision claiming that she was permitted to make modifications to the common elements, despite not having received permission from the association, and that she should not have to pay the association’s legal fees.

Kaman & Cusimano successfully argued that the governing documents prohibited any changes to the common elements without association approval and that the owner was obligated to reimburse the association for legal fees. The Court of Appeals agreed with Kaman & Cusimano and the with trial court requiring the owner to remove all unapproved modifications and reimburse the association over $10,000 in legal fees.