referring to rights and duties under CCRs as imposed “by contract”
How later courts described this case
- referring to rights and duties under CCRs as imposed “by contract”
- “Thus, by contract and by statute, the board of the homeowners’ association . . . was obligated to maintain and repair the common areas.”
Written by the judges who cited it.
The opinion
Painter, Judge,
concurring.
I concur with Judge Hildebrandt’s excellent opinion, but feel compelled to express my disbelief that anyone could seriously contend that the board of managers of a condominium unit owners association does not owe a fiduciary duty to the unit owners. Though the developer of the condominium project initially appoints board members who must serve two masters and who could possibly advance such a proposition, that is not the situation here. Here, the unit owners of this long-existing condo elect all the board members who are beyond cavil fiduciaries. What else could they be?
It is also impossible to understand the confusion in this case, between (a) repair and maintenance, and (b) improvement. Preventing the collapse of a building is necessary maintenance, not an improvement.