Unit Owners Ass’n of Buildamerica-1 v. Gillman

Holding

“We find no merit in the Gillmans’ assignment, which raises the equitable defense of laches and estoppel against the Association…Accordingly, we affirm the decree of the court below directing that fines levied on the Gillmans by the Association be set aside and vacated, and the assessment liens released of record. The action of the court below granting the injunctions is reversed, and the injunctions are dissolved. The trial court’s allowance of a fee to counsel for the Association is reversed. The case is remanded for further proceedings not inconsistent with the views expressed in this opinion.”