Towerhill Condominium Ass'n v. American Condominium Homes, Inc.

Plaintiff, in its representative capacity as an “association of unit owners,” ORS 94.004(2), seeks damages for breach of warranty in two counts and negligence for alleged defects in the common elements, ORS 94.004(6), of the Towerhill Condominium. The complaint was dismissed; the trial court held that plaintiff lacks legal capacity to sue, is not the real party in interest and has failed to state ultimate facts sufficient to constitute a claim. ORCP 21 A. Judgment was entered for defendants, and plaintiff appeals.

The threshold issue is whether plaintiff is the real party in interest. ORCP 26A…