Opinion 26-22(B)

March 26, 2026

Digest:  The Committee does not answer hypothetical or speculative questions.

Rules:   Opinions 24-158; 21-169.

Opinion:

       The inquiring judge owns a unit in a residential condominium.  The judge asks about a future court proceeding involving the building.  At this time, however, the conditions precedent to such a proceeding have not occurred.  Moreover, given that the condominium has not yet established a governing board, it is currently unknown who the decision-maker(s) will be if, and when, such conditions are met.

       As we do not answer hypothetical or speculative questions (see e.g. Opinions 24-158; 21-169), we must decline to respond.

       We note the judge may write in for guidance once he/she has more information and the situation is no longer purely hypothetical.