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Randle v. Bay Watch Condominium Ass’n

PROPERTY LAW

Mary Beth Barksdale

In Randle v. Bay Watch Condominium Ass’n, 488 P.3d 970 (Alaska 2021), the supreme court affirmed the superior court’s grant of a preliminary injunction and declaratory order interpreting the governing documents of the condominium association. (Id. at 974–75). The defendant refused to allow representatives of the condominium association where he owned a unit to access a common crawl space through his unit – the only entry point available to inspect certain water pipes. (Id. at 972–73). The superior court ordered a preliminary injunction compelling the defendant to grant access to the association, which dropped one of its claims after finding that there was no water damage in the crawl space. (Id. at 973). The superior court then went on to interpret the association’s declaration and grant a declaratory judgment that the association had a limited right of entry into the defendant’s unit when needed to access the crawl space. (Id.). The supreme court found that the superior court’s grant of the preliminary injunction was not an abuse of discretion because it was reasonable to find that the risk for potential leaks and mold in the crawl space outweighed the defendant’s privacy interests. (Id. at 974). The supreme court further found that the superior court’s grant of declaratory relief was not in error because the association’s declaration of “Rights of Entry” reasonably conveyed a right to enter a private unit to the association, provided that the association gave the unit’s owner advance request for entry. (Id. at 975–76). Lastly, the supreme court found that the award of attorney’s fees to the condominium association was not an abuse of discretion because the superior court fully considered the relative merit of the parties’ claims and awarded less than half the presumptive statutory award. (Id. at 979). Therefore, the supreme court affirmed the superior court’s grant of a preliminary injunction and declaratory order interpreting the governing documents of the condominium association. (Id. at 974–75).

Randle v. Bay Watch Condominium Ass’n

PROPERTY LAW

Mary Beth Barksdale

In Randle v. Bay Watch Condominium Ass’n, 488 P.3d 970 (Alaska 2021), the supreme court affirmed the superior court’s grant of a preliminary injunction and declaratory order interpreting the governing documents of the condominium association. (Id. at 974–75). The defendant refused to allow representatives of the condominium association where he owned a unit to access a common crawl space through his unit – the only entry point available to inspect certain water pipes. (Id. at 972–73). The superior court ordered a preliminary injunction compelling the defendant to grant access to the association, which dropped one of its claims after finding that there was no water damage in the crawl space. (Id. at 973). The superior court then went on to interpret the association’s declaration and grant a declaratory judgment that the association had a limited right of entry into the defendant’s unit when needed to access the crawl space. (Id.). The supreme court found that the superior court’s grant of the preliminary injunction was not an abuse of discretion because it was reasonable to find that the risk for potential leaks and mold in the crawl space outweighed the defendant’s privacy interests. (Id. at 974). The supreme court further found that the superior court’s grant of declaratory relief was not in error because the association’s declaration of “Rights of Entry” reasonably conveyed a right to enter a private unit to the association, provided that the association gave the unit’s owner advance request for entry. (Id. at 975–76). Lastly, the supreme court found that the award of attorney’s fees to the condominium association was not an abuse of discretion because the superior court fully considered the relative merit of the parties’ claims and awarded less than half the presumptive statutory award. (Id. at 979). Therefore, the supreme court affirmed the superior court’s grant of a preliminary injunction and declaratory order interpreting the governing documents of the condominium association. (Id. at 974–75).