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arising out of or connected with the maintenance and operation of
Crestwood's common areas, furnishing utility services to the
Crestwood condominium units, and other duly authorized functions
of Crestwood Association, including management expenses, taxes,
common lighting and heating, premiums for all insurance that
Crestwood Association was required or permitted to carry, water
and sewer charges, trash collection, repairs and maintenance,
wages for employees of Crestwood Association, and legal and
accounting fees. In addition, Crestwood condominium unit owners
were obligated to pay special assessments imposed by Crestwood
Association for the cost of any construction or reconstruction,
unexpected repair or replacement of improvements at Crestwood,
and similar expenditures.
During all relevant periods, each Crestwood condominium
owner desiring to participate in the Crestwood Association lodge
operations was required to enter into a management agreement
(management agreement) with Crestwood Condominium Association,
Inc., d.b.a. Crestwood Lodge, Inc. (manager). During relevant
periods, petitioner entered into such an agreement with respect
to each of his condominium units. Under the management agree-
ment, petitioner employed the manager as the exclusive managing
and rental agent to manage his condominium units. Specifically,
the manager agreed to perform, inter alia, the following serv-
ices: Hiring and supervising employees to handle the marketing
and rental of those units and all other services required of the
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Last modified: May 25, 2011