Brickyard Homeowners' Ass'n Management Committee v. Gibbons Realty Co.

HOWE, Justice:

We granted an interlocutory appeal on petition by the defendants when their motion to dismiss for lack of standing was denied by the court below. They challenge plaintiff’s right to sue under U.C.A., 1953, § 57-8-33. This is a case of first impression in our forum.

Plaintiff constitutes the management committee of the Brickyard Homeowners’ Association created pursuant to the Utah Condominium Ownership Act, § 57-8-1, et seq. and the declaration and by-laws of the Brickyard Condominiums. Its complaint comprises four causes of action or claims against the defendants, who designed,…