Winston County Condominium Corp. No. 221

(WCCC #221) was formed just over a year ago,

with all the usual condominium documentation.

Contained in its declaration was a reference that

common expenses included municipal water charges,

unless the same were separately metered for each

unit. There were 91 units in the building, one of

which was a ground-floor restaurant unit. The

restaurant represented 10 percent of the floor space,

and therefore 10 percent of common expenses. Each

of the other 90 dwelling units would bear 1 percent

of common expenses.

After examination of the accounts for the first year

of operation, WCCC #221 found that the restaurant

accounted for 47 percent of water charges, and the

amount budgeted by the corporation of $50,000 would

fall short of actual costs by $18,500. The directors

passed a motion for a special levy on the restaurant

unit, and a motion that a meter be installed on the

pipes to and from the restaurant unit. The action was

ratified by the unit holders 90 to 0, with one abstention

in protest.

The owner of the restaurant unit came before the

courts for relief, stating that water rates had figured

into her calculations on whether to purchase the unit,

and that the same calculations must have figured into

WCCC #221's decision to sell the unit to her. WCCC

#221 had the power to write what it wished into its

declaration, and she now holds it to what it has written.

The corporation had set the price for her commercial

unit, knowing it would contain a restaurant. The

restaurant owner acknowledged she was prepared to

suffer her fate, should WCCC #221 on a vote decide to

install meters to all units.

Elaborate on the issues in the arguments and render

a decision on behalf of the court.