Breene v. Plaza Towers Association

310 N.W.2D 730 (N.D. 1981)

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Nature of the Case

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Facts

In May 1974, Breene (P) purchased a condo in the Plaza Tower (D). When P purchased his unit, there was no restriction on the resale other than a first right of refusal. On May 1979, D passed an amendment that all units of the condominium association were to be occupied by the unit owner unless the lease was for less than four months, the lease existed before the change in bylaws, or there was hardship involved; the amendments were not recorded at the office of the register of deeds pursuant to civil code. In November 1980, P wanted to rent his unit, and that request was denied. P sued and was granted a summary judgment. D passed the same bylaws again and this time registered them. The issue before the court was whether the amendment could be applied retroactively to persons who had purchased a unit prior to passage of the amendment.