San Luis Trails Ass'n v. E.M. Harris Building Co.

REINHARD, Judge.

Plaintiff, a homeowners association, appeals from the granting of defendant’s motion to dismiss plaintiff’s second amended petition for damages based on breach of an implied warranty. We affirm.

Plaintiff first filed a two-count petition against defendant, the developer, designer and builder of a residential subdivision in Jefferson County, seeking to recover in excess of $100,000 which plaintiff had expended to replace and repair private streets within the subdivision. Count I was premised on negligence, while in Count II strict liability was asserted. Defendant filed a motion…