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CASITA DE CASTILIAN, INC. v. KAMRATH

No. 2 CA-CIV 3815.

129 Ariz. 146 (1981)

629 P.2d 562

CASITA DE CASTILIAN, INC., an Arizona Corporation, Plaintiff/Appellee, v. Kenneth K. KAMRATH and Mary Elizabeth Kamrath, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 13, 1981.

Review Denied June 16, 1981.

Attorney(s) appearing for the Case

Zipf & Henderson by Scott L. Taylor, Tucson, for plaintiff/appellee.

Norris L. Ganson, Tucson, for defendants/appellants.

OPINION

BIRDSALL, Judge.

Pursuant to A.R.S. § 33-551, et seq. a horizontal property regime (condominium) was created. Appellee is the non-profit corporation formed to serve as the Council of Co-owners for the condominium. Appellants are the owners of two individual units therein.

This action was commenced by appellee to recover assessments and penalties from appellants. A counterclaim was then filed by appellants alleging that appellee was required...

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