Gallery v. K Hovnanian

Summary

The Arizona Supreme Court held that Arizona statutes §33‑2002 and related provisions expressly authorize a homeowners’ association to bring an implied‑warranty dwelling action for construction defects in both common areas it owns and the exteriors of individual units, interpreting the statutory definition of “dwelling” to include unit exteriors even without HOA ownership. The Court reversed the trial court’s summary‑judgment grant and remanded for further proceedings.