Univ. Commons Riverside Home Owners Ass’n v. Univ. Commons Morgantown, LLC

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Plaintiff (HOA) was a condominium owners' association that brought suit on its own behalf and on behalf of its members against various individuals and corporations seeking damages arising from the alleged defective development, negligent construction, and misleading marketing of a condominium complex. The complex consisted of dozens of units owned by members of the HOA. The circuit court granted Respondents' motion to join all unit owners, denied the HOA's motion for a protective order, and certified six questions to the Supreme Court. The Court answered only one of the questions, finding it unnecessary to address the remaining questions, holding (1) a unit owners' association is an adequate representative when a lawsuit is instituted by a unit owners' association on behalf of two or more unit owners pursuant to the Uniform Common Interest Ownership Act and the damages sought include unit specific damages affecting only individual units; and (2) this case should proceed in accordance with W. Va. Trial Court R. 26. View "Univ. Commons Riverside Home Owners Ass'n v. Univ. Commons Morgantown, LLC" on Justia Law