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Carrollsburg v. Anderson2/14/2002
Argued January 2, 2001
In Taylor v. Eureka Inv. Corp., 482 A.2d 354 (D.C. 1984), we held that the owners of town house units in Carrollsburg Square, in the Southwest section of the District of Columbia ("Carrollsburg Square owners" or "appellees"), who maintained that they had a right to park without charge in an underground garage in the nearby Carrollsburg high-rise apartment building condominium ("Carrollsburg Condominium") due to a parking easement, "were entitled to judgment as a matter of law." We stated that " he covenant clearly does not suggest that the [grantors] granted the parking easement in consideration for a monthly fee," id. at 358, but that on the contrary, "the owners granted the parking rights . . . in exchange for the zoning exception." Id. Accordingly, " he subsequent owners of the servient estate cannot now claim a right to additional compensation." Id. at 359.
Some fifteen years after our decision in Taylor, supra, a new dispute arose when the Carrollsburg Condominium Unit Owners Association (the "Carrollsburg Condominium Association" or "appellants") sought to impose a maintenance fee on the Carrollsburg Square owners for the upkeep of the underground parking garage in the Carrollsburg Condominium. The dispute intensified when the Carrollsburg Condominium Association relocated access to the underground parking from the interior lobbies and elevators of the Carrollsburg Condominium to exterior ramps.
In response to the actions of the Carrollsburg Condominium Association, the Carrollsburg Square owners filed suit challenging the parking maintenance fee and the relocation of the easement. Appellants and appellees lodged motions for partial summary judgment on specified counts of the complaint. As indicated in the Factual Summary section of this opinion, the trial court ultimately disposed of all counts of appellees' complaint, as well as appellants' counterclaim. In part, the court ordered: (1) "that a permanent injunction be entered whereby [appellants] will provide parking as stated in the [accessory parking c]ovenant free of any and all charges whatsoever, whether they be designated for use or for maintenance, repair, or any other named reason"; and (2) "that [appellants] permit [appellees] . . . use of the lobbies and elevators to access the underground garage as established by custom. . . ."
The Carrollsburg Condominium Association appealed. Because we detect no error, we affirm the judgment of the trial court.
FACTUAL SUMMARY
The record on appeal shows that in April 1999, appellants notified appellees that they were each required to pay $20 per month, retroactive to January 1, 1999, or a total of $80 payable by April 12, 1999, for the "maintenance, repair and replacement expenses associated with the parking spaces" in the Carrollsburg Condominium. When appellees refused to pay the maintenance fee, they were denied access to their underground parking spaces through the lobby and elevators of the Carrollsburg Condominium. Instead, they had to access their parking spaces from the outside through parking or automobile ramps. In reaction to the denial of access through the lobby and elevators, the Carrollsburg Square owners filed a verified complaint containing six counts against the Carrollsburg Condominium Association, its Board of Directors, and members of the Board in their individual and official capacities (collectively "the Carrollsburg Condominium Association" or "appellants"). The Carrollsburg Condominium Association filed a counterclaim seeking a declaratory judgment that the Carrollsburg Square owners were required "to contribute to the costs of operating, maintaining, repairing and replacing the undergr
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