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Supreme Court No. 2010-436-Appeal. (PC 03-235)

Joseph F. Alessi v. Bowen Court Condominium et al.

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NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone 222-3258 of any typographical or other formal errors in order that corrections may be made before the opinion is published.

Supreme Court No. 2010-436-Appeal. (PC 03-235)

Joseph F. Alessi v. Bowen Court Condominium et al.

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Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ. OPINION Justice Goldberg, for the Court. This case came before the Supreme Court on April 4, 2012, on appeal from a grant of summary judgment in favor of the defendants, Bowen Court Condominium (condominium) and Janet ORourke, in her capacity as president of the condominium association (association), (collectively, defendants). On appeal, the plaintiff,

Joseph F. Alessi (Alessi or plaintiff), argues that the trial justice erred in determining that the right to exclude withdrawable real estate from a condominium after a foreclosure expires when the declarants right to withdraw the real estate otherwise would have expired. We affirm the judgment of the Superior Court. Facts and Travel Over twenty years after Rhode Islands infamous credit union crisis, this case causes us to examine property interests that were foreclosed upon by a fundamentally unstable credit union and then transferred to the Rhode Island Depositors Economic Protection Corporation (DEPCO) after the credit union collapsed. We begin by tracing the protracted history of the property interest at stake in this controversy. Bowen Court Associates (declarant) created the

condominium by declaration dated January 10, 1989, and recorded the following day. The -1-

declarant conveyed to the condominium approximately 6.7 acres of land in East Providence and, in Article 71 of the declaration of condominium (declaration), retained a ten-year reservation to withdraw a portion of land from the condominium pursuant to G.L. 1956

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