Sands v. Walnut Gardens Condominium Assn.Annotate this Case
After plaintiffs filed suit against the Association and property manager for breach of contract and negligence, the trial court granted a nonsuit. Plaintiffs settled with the property manager but appealed against the association.
The Court of Appeal reversed the trial court's grant of a nonsuit on the breach of contract claim where reasonable jurors could have concluded a total failure to maintain common areas breached a promise to keep these areas in first class condition and a jury could also find that buildings need maintenance to remain in first class condition. Furthermore, the trial court erred by adding oral reasoning beyond the contents of the nonsuit motion, and neither the motion nor the trial court's rationale challenged the idea that covenants, conditions, and restrictions comprise a contract between the association and individual owners. Nor did the motion or rationale hint at the rule of deference governing owner suits against homeowner associations. The court affirmed the nonsuit tort judgment and held that the association had no independent duty as to the pipes and roof arising from tort law.