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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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First, those owners to whom defendant is liable on an implied warranty theory—i.e., those who purchased their units before the defects complained of became apparent— will receive sufficient monetary damages, despite apportionment, to cover their shares of the repair costs. Second, the Association is charged with the responsibility of maintaining the roads and carports and for collecting the required sums from its constituents. The Association will collect the damage awards from those owners who recovered and equal amounts from those who did not. This latter group will not be penalized unfairly because the purchase price of their units presumably reflected the existence of the patent defects. See Aronsohn, 98 N.J. at 100, 484 A.2d at 679. Hence, the roads and carports will be repaired, and the injured unit owners will have their remedy.[1]