One last comment on this issue. The disclosure documents contained an initial schedule of fees, with the note that a 6% escalation would be applied for each year that registration took place after December 31, 2008. Registration took place in 2010. In addition to the two years of 6% compounded increases to the fees in the 2006 disclosure documents, there were some units which had other changes to the individual unit fees, based on differences between the original marketing drawing unit sizes, versus the sizes indicated in the permit and construction drawings.
The confusions regarding fees was further compounded by the declarant's lawyer incorrectly registering the wrong budget (which included the 6% escalation for one year), only to change it prior to the closings. Needless to say, with the two 6% increases factored in, and inflation being very tame over this timeframe, Freed was well covered regarding any risk of having to make up a first year shortfall, and in fact there was actually a surplus.
Could the declarant - Freed - been clearer and more up front about the basis for the maintenance fees - Yes.
Did Freed need to protect himself to the extent that he did with the 6% escalations. No - it turns out that he did not.
Would the situation have been managed better if Freed's lawyer had not registered the wrong budget, only to subsequently change it prior to closings of the purchases - Yes, that was a real screw up all round.
But back to the original point. Fees did not skyrocket. The first year fees were as documented in the disclosure documents, with the 6% escalation factored in for the two years between 2008 and 2010. Fees came down in second year, and were held the same for the third year. Any other differences would be due the change in area in an individual unit, between the original marketing drawings, and the subsequent construction / permit drawings.