The Association of Apartment Owners of Newtown Meadows, by Its Board of Directors…

Summary

The court affirmed summary judgment on the unfair-practices, express-warranty, warranty claims against the contractors, misrepresentation, and contract claims to the extent those rulings rested on standing, waiver, lack of reliance, or lack of enforceable contract rights. It held that the condominium association had statutory standing to pursue misrepresentation claims relating to common elements or more than one unit, but the claims failed because neither the association nor its members showed reliance on the allegedly false compaction report. The court vacated summary judgment for the developer on the implied warranty of habitability claim because the required warranty disclosure was not provided in the statutory disclosure abstract. Justice Acoba, concurring in part and dissenting in part, would also have allowed negligence claims for damage to other property and punitive-damages claims to proceed to trial.