RICHLAND RUN HOMEOWNERS ASSOCIATION, INC. v. CHC Durham Corp.

*352Judge Greene

dissenting.

I disagree with the majority that the trial court correctly dismissed the complaint on the basis that the plaintiff failed to specifically plead compliance with the applicable statute of repose. Our courts have repeatedly held that the plaintiff has the burden of proving “the condition precedent that its cause of action is brought” within the period of the applicable statute of repose. Chicopee, Inc. v. Sims Metal Works, Inc., 98 N.C. App. 423, 426, 391 S.E.2d 211, 213, disc. rev. denied to defendants and allowed to plaintiff, 327 N.C. 426, 395 S.E.2d 674 (1990), appeal…