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WALKER v. 90 FAIRLIE CONDOMINIUM ASS'N

No. A07A2329.

659 S.E.2d 412 (2008)

WALKER et al. v. 90 FAIRLIE CONDOMINIUM ASSOCIATION, Inc. et al.

Court of Appeals of Georgia.

March 7, 2008.

Attorney(s) appearing for the Case

Schulten, Ward & Turner, David L. Turner, Dean R. Fuchs, Atlanta, for appellant.

Weinstock & Scavo, Marvin P. Pastel II, Atlanta, Wallace H. Ehrenclou, for appellee.

PHIPPS, Judge.

This case pits Cole and Ashley Walker, in their capacity as owners of unit 902 in the 90 Fairlie Condominium building, against 90 Fairlie Condominium Association, Inc., and its board of directors. The dispute concerns the condominium building's tenth-floor rooftop terrace, which adjoins the Walkers' penthouse unit. The Walkers claim that the bulk of the rooftop terrace is a "limited common element" reserved for their exclusive use. The association and...

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