Stuart v. Coldwell Banker Commercial Group, Inc.

Utter, J. —

The trial court in this case awarded damages to a homeowners association against a builder-vendor for construction defects in common and limited common areas of a condominium complex. The action was brought more than 3 years after the builder-vendor sold the last condominium unit, and many of the units changed hands before suit was filed. The applicable statutes of limitation properly should have barred many of the plaintiffs' actions. We hold that the trial court incorrectly applied the discovery rule for determining when plaintiffs' causes of action accrued.

The trial court…