Successfully obtained judgment against an owner for foreclosure who filed a counterclaim disputing the association’s right to impose special assessments for repair work.

Facts – An owner within an association unit filed a counterclaim in a foreclosure lawsuit alleging that the board acted without authority when imposing special assessments for a multi-million dollar repair project.

Kaman & Cusimano successfully argued that the board acted within its rights to impose the special assessments and obtained judgment against the owner for foreclosure on past due maintenance fees and legal fees in the amount of $49,000.