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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)

Citation
Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)
Parent Document
Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)
Jurisdiction
Vermont (state)
Effective Date
1989-06-23

Other Sections in This Document (98)

Full Text

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With respect to the common areas of a condominium, the individual unit owners are tenants in common under the law. Starfish Condominium Association v. Yorkridge Service Corp., 295 Md. 693, 702, 458 A.2d 805, 810 (1983). The narrow issue, therefore, is whether a tenant in common may recover the whole of any damages assessed in a breach of warranty action involving real property. If so, then defendant’s apportionment argument here would fail because any one of the owners who purchased before the defects became patent could recover the entire repair cost of the roads and carports.