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Home / Courts / Real Property – Condominium Declaration – Amendment – Boat Slip Assignment – Civil Practice – Res Judicata & Collateral Estoppel – UOA & NCCA (access required)

Real Property – Condominium Declaration – Amendment – Boat Slip Assignment – Civil Practice – Res Judicata & Collateral Estoppel – UOA & NCCA (access required)

Bowers v. TempleIn a prior lawsuit, the court struck down an amendment to a condominium declaration because it was not properly recorded. Even though the court went on to opine that unanimous consent by owners was required to amend the declaration and to delineate the amendment’s effect on owners’ rights, these statements were not material, relevant, necessary or essential to the judgment, so they do not collaterally estop the litigation of these issues in the present lawsuit.

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