COUNCIL OF UNIT OWNERS v. REALTY GROWTH


436 A.2d 1268 (1981)

COUNCIL OF UNIT OWNERS OF PILOT POINT CONDOMINIUM (On Behalf of the Phase I Unit Owners), Plaintiff, v. REALTY GROWTH INVESTORS, Defendant.

Court of Chancery of Delaware, Sussex County.

Decided September 22, 1981.


Attorney(s) appearing for the Case

John Terence Jaywork, of Hudson, Jones & Jaywork, Dover, and Stephen G. Johnakin, of Thomas & Sewell, Alexandria, Va., for plaintiff.

Richard B. Beck, of Morris, James, Hitchens & Williams, Wilmington, for defendant.


BROWN, Vice Chancellor.

The primary issue posed by this litigation is whether the recorded documents by means of which a parcel of real estate has been submitted to the provisions of the Delaware Unit Property Act can be amended without the consent of those persons who have already acquired real estate interests in the condominium project under the terms of the documents as originally recorded.

The facts of this...

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