Justice Donna Mills
A condominium’s board of managers moved for summary judgment and to strike unit owner Wozencraft’s affirmative defenses and counterclaims. Wozencraft cross-moved for partial summary judgment alleging the board wrongfully deprived him of services and amenities and breached its fiduciary duty to him. The board sued, alleging owner failed to pay common charges on the unit for several years. They claimed Rule 32 permitted them to deprive owners of certain nonessential services applied only if they failed to pay their charges. The court did not find the policy unfair or discriminatory as it only applied to nonpaying owners and was not in violation of the business judgment rule. Yet, it noted Wozencraft’s claim that plaintiff failed to send accurate bills went to the issue of the accuracy of the debt. Thus, as there was a dispute regarding the charges owed, defendant’s counterclaim was found to have merit, and denied dismissal. The court also denied dismissal of the defense and counterclaim for breach of fiduciary duty, noting defendant alleged plaintiff’s conduct constituted a violation and misapplication of the terms of Rule 32, supporting defendant’s position that plaintiff’s conduct could represent a breach of fiduciary duty.
