Court Finds for Condo Association on Common Area Assessment

CONCORD, N.H. - The New Hampshire Supreme Court has ruled that attic space above condominium units is "limited common space," rather than the property of a single unit, and that an owners' association was within its authority to assess all building residents for attic mold remediation. Carleton v. Edgewood Heights Condominium Owners' Association, No. 2006-404 (N.H. Sup. Ct.).

The high court's Nov. 8 opinion hinged on a definition of "upper most ceiling," which the majority found did not include anything above an individual unit's living area.

Bukk G. Carleton, who owns 14 "garden style," or apartment, units at Edgewood …