Luria v. BOARD OF DIRECTORS OF WESTBRIAR

OPINION BY Justice LEROY F. MILLETTE, JR.

In this appeal, we consider whether the circuit court erred in finding that a managing member of a limited liability company owed a fiduciary duty to a creditor. We focus our inquiry on whether The Westbriar Condominium Unit Owners Association (the Association), as a potential statutory warranty claimant, qualified as a creditor to whom such a fiduciary duty may be owed.

BACKGROUND

Jon Luria (Luria) is a real estate developer in Northern Virginia. In 1996, Luria began construction of The Westbriar Condominium (the Westbriar), a four building, 224-unit…