Court of Appeals Reverses Dismissal of Construction Defect Complaint Against Developers and Initial Individual Board Members of Condominium Association
The Court of Appeals recently reversed a Jackson County Superior Court Judge dismissing a condominium association’s complaint against the developer appointed initial board members and developer for construction defects in a condominium. The case is a significant development for homeowners associations who may have discovered defects in workmanship past the normal six (6) year statute of repose. In the case of Trillium Ridge Condominium Association, Inc. v. Trillium Links & Village, LLC, a condominium association brought suit against the developer of a mountain condominium project and its initial developer appointed board, however, the trial court dismissed, in part, because the lawsuit was brought more than six (6) years after the date of substantial completion of the condominiums. The Court of Appeals reversed the dismissal holding that although the statute of repose could be asserted against those who were in “possession or control” of the condominium, an issue of fact existed for the jury as to whether the developer knew or should have known of the defects when it was control of the board. If so, then the developer could not rely on the statute of repose. For a complete copy of the case, click Trillium Ridge Condominium Ass’n Inc v Trillium Links And Village LLC.