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Property Law Keyed to Singer
O’Buck v. Cottonwood Village Condominium Association, Inc
Facts
John and Janie O’Buck (Plaintiffs) purchased a condominium unit, which was pre-wired for a central television antenna and an antenna-based cable system. An outdoor antenna was needed to get reception. The roofs of the units started to leak and had to be fixed. In order to protect the roof in the future and increase the marketability of the units, the board of directors of the Cottonwood Village Association (Defendant) adopted a rule prohibiting the mounting of antennae anywhere on the buildings. The declaration of condominium allows Defendant to adopt rules governing the use of common areas, including the roofs and walls of the building. Another provision allows Defendant to require unit owners to take actions to preserve a uniform exterior appearance of the building. Defendant offered a cable system as an alternative and paid the hookup fee and the depreciated value of the old antennae. Plaintiffs were responsible for the hookup costs of their extra television sets. Plaintiff s seek damages and an injunction against enforcement of the rule.
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