The plaintiff condominium corporation brought a motion for summary judgment against the defendant owner for unpaid common element maintenance fees, interest, and additional claimed expenses.
The parties settled the principal amount of the arrears.
The court enforced the condominium by-law's contractual interest rate of 30% above prime, finding no reason to grant relief from it.
However, the court dismissed the plaintiff's claim for additional collection expenses, finding they were not authorized by the by-laws and were subsumed by the high interest rate.
Costs were awarded to the plaintiff in the amount of $30,000.