BALLARD v. 1400 WILLOW COUNCIL OF CO-OWNERS

Nos. 2010-SC-000533-DG, 2011-SC-000584-DG.

430 S.W.3d 229 (2013)

Patricia W. BALLARD, Appellant/Cross-Appellee v. 1400 WILLOW COUNCIL OF CO-OWNERS, INC., Appellee/Cross-Appellant. and 1400 Willow Council Of Co-Owners, Inc., Appellant/Cross-Appellee v. Patricia W. BALLARD, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

Rehearing Denied June 19, 2014.


Attorney(s) appearing for the Case

Sheryl G. Snyder , Louisville, Susan Lynn Williams , Griffin Terry Sumner , Louisville, John Kendrick Wells IV , Frost Brown Todd, LLC, Counsel for Appellant/Cross-Appellee.

John L. Fleischaker , Bradley A. Case , Louisville, James Lee Adams , Louisville, Dinsmore & Shohl, LLP, Counsel for Appellee/Cross-Appellant.


Opinion of the Court by Justice KELLER.

This appeal involves a dispute between 1400 Willow Council of Co-Owners, Inc. (the Council), a condominium association, and one of its co-owners, Patricia W. Ballard (Ballard), regarding the need to replace and who should bear the cost of replacement of the two-story wall of windows in Ballard's condominium (the wall of windows). In 1989, Patricia Ballard purchased a penthouse condominium occupying the 20th and 21st floors of...

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