Bethany Marina Townhouses Ph. II Condo. Inc. v. BMIG, (DE)
After several years of not completing outstanding condominium units, and for nonpayment of boat-slip fees, the condominium association motioned for summary judgment against the developer. Based on the condominium declaration language and the formalizing of annexations by plan amendment, the court determined that land foreseen for structures but not built, as well as the accessory structures, remained the developer’s property. The access easement did not expire, even if the deadline to annex did. The court denied the association’s motion. It granted defendant’s motion with regard to land, but not the boat-slip fees. Read the article………..