Murphy v. Yacht Cove Homeowners Assoc.

Harwell, Justice:

Members of an unincorporated condominium association sued the association for negligence. The lower court struck the imputed negligence defense from the association’s answer. We affirm.

Respondents, as joint owners of a condominium unit, are automatically members of the unincorporated association which manages the condominium project. They brought a negligence action against this unincorporated association, which is known as “Yacht Cove Homeowners Association” (Association). Respondents contended that the Association failed to properly maintain the common elements and, as a…