Condominium – a residential building in Manhattan.
P360 Spaces LLC – the owner of a commercial space in the Condominium (the “Front Unit”)
Patricia and Darren Orlando – the owners of a residential space in the Condominium (the “Back Unit”)
Ronnie Peters – the President and managing member of P360 Spaces LLC
The original (2003) Declaration of Condominium stated that the percentage interest of each unit was based upon “floor space and the availability of common elements for exclusive and shared use”. The Declaration also stated that there were no “limited common elements” appurtenant to the Back Unit.
And the Offering Plan stated that use of the Basement as a limited common element was specifically allotted to the Front Unit.
Who had the right to use the 1,190 square feet of cellar/basement space in the Condominium (the “Basement”)?
Act I: Continue reading