Boyang Song v. Evan Lemoine, in his capacity as President of The 903 Condominium Owner's Association, Inc.

Syllabus

The plaintiffs, Boyang Song and Travis McCune (plaintiffs), appealed from a Superior Court judgment finding in favor of the defendants, Evan Lemoine, in his capacity as President of The 903 Condominium Owner's Association, and Stephen Rodio, in his capacity as Secretary of The 903 Condominium Owner's Association, Inc. (defendants). On appeal, the plaintiffs argued that the trial justice issued a sua sponte ruling that granted relief neither party requested. After a three-day bench trial, the Superior Court determined that the plaintiffs, owners of a condominium unit at The 903 in Providence, Rhode Island, were not entitled to have a special meeting notice that the plaintiffs drafted sent to all condominium unit owners because the notice contained motions that were improper. First, the trial justice ruled that the notice sent to unit owners by the defendants was inadequate because it failed to set forth the items on the agenda for the next meeting. Next, the trial justice relied on the bylaws and the Rhode Island Condominium Act to conclude that the plaintiffs' proposed approach to an issue with the condominium's gas-billing formula brought \no transactable business\ to the condominium's board, or infringed on the board's broad discretion to manage the affairs of the association. The Supreme Court declared that the defendants had failed to appeal the trial justice's decision that the meeting notice did not provide the items on the agenda for the next meeting. The Court then concluded that the trial justice overstepped by analyzing each motion to determine their validity. The Court also stated that the plaintiffs could proceed with their claim for damages and attorneys' fees. Accordingly, the Court vacated the part of the judgment of the Superior Court finding for defendants and remanded the matter for further proceedings.