Briarcliffe West Townhouse Owners Ass'n v. Wiseman Construction Co.

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

The principal issue is whether a homeowner’s association which holds title to common land in a planned unit development may maintain an action for breach of an implied warranty of fitness of the common land, in which the homeowners possess easements. The plaintiff, Briarcliffe West Townhouse Owners Association, a not-for-profit corporation (Association), appeals from the order granting the motion of Wiseman Construction Company (Developer) for a directed verdict as to count I of the third amended complaint on the basis that the…