Council of The Pointe at Bethany Bay Condos. v. Higgins

This dispute centered around the question of whether there was mold that needed remediation in the common elements of a Condominium’s structure adjacent to the unit owned by Defendants. Plaintiff, the Council at the Condominium, arranged for a study by an industrial hygienist, who concluded that immediate attention was needed to address “the change in mold spore concentrations.” The Court of Chancery granted summary judgment in favor of the Council and ordered Defendants to cooperate with the Council in allowing it and its contractors access to Defendants’ unit for remediation of the mold, holding that Defendants failed to identify and present a dispute of fact about the appropriateness of the Council’s chosen pathway. View "Council of The Pointe at Bethany Bay Condos. v. Higgins" on Justia Law