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MOUNTAIN VIEW CONDO. ASS'N v. SCOTT

No. 2 CA-CV 93-0288.

180 Ariz. 216 (1994)

883 P.2d 453

MOUNTAIN VIEW CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC., dba Arbor Point Condominiums, an Arizona nonprofit corporation, Plaintiff/Appellant, v. Clifford J. SCOTT and Valerie Scott, husband and wife; Lawyers Title of Arizona, as Trustee under Trust No. 7518-T; Douglas R. Knoles, a married man as his sole and separate property; Superstition Homes, an Arizona corporation; Inca Investment, Inc., an Arizona corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

August 25, 1994.

Attorney(s) appearing for the Case

Tanis A. Duncan, Tucson, for plaintiff/appellant.

Dan L. Dudley, Tucson, for defendants/appellees.

OPINION

LACAGNINA, Judge.

In this appeal we must decide whether the unit owner of a condominium is obligated to pay assessments to the homeowners' association if the construction of improvements on the individual unit has not occurred. We hold that because unit ownership includes a vested, undivided interest in the common elements, the obligation to pay assessments arises from unit ownership and is not dependent upon completion of improvements...

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