O'Buck v. Cottonwood Village Condominium Association, Inc.
Alaska Supreme Court
50 P.2d 813 (Alaska 1988)
The O'Bucks (plaintiffs) owned a Cottonwood Village condominium unit and valued its rooftop antenna television service enough to cite it as an important factor in buying the unit, but after Cottonwood (defendant) discovered antennae and related foot traffic were causing roof leaks throughout the complex, it removed all antennae, banned future rooftop antenna installation, compensated the O'Bucks for their removed antenna, and paid to install cable service for one of their four televisions, leaving them to pay $10 per month each to connect their remaining three televisions to cable. The O'Bucks sued for damages and an injunction against the new rule, and the superior court ruled for Cottonwood.
Whether a condominium association may adopt and enforce a rule prohibiting rooftop antennae, on functional or aesthetic grounds, against a unit owner who relied on rooftop antenna service.