La Mer v. Cohen
N/AOUTCOME: Prevailed following trial
Prevailed following trial with approximately nine witnesses regarding a unit owner who cut and converted a portion of a railing to a swing gate to walk onto an adjacent pool deck. Following a ruling i ... n non-binding mandatory arbitration in favor of the association, the unit owner filed for a Trial de Novo. The main issues at trial were whether the association waived and/or selectively enforced the pertinent rule of the condominium. The law successfully presented at trial was that there could not be selective enforcement unless there is a specific showing of the same type of violation and that the conversion of a common element in this case was the first of its kind. Affirmed on appeal.