November2017

the original owner of the property – i.e. the developer. In other words, the Court posited that causes of action accrue when someone in the chain of ownership, including the developer, first knows or reasonably should know of a defect and the party responsible, even if transition to unit owner control had not yet occurred. Thus, although Palisades was decided on its peculiar facts, the decision opens the possibility that direct claims by a condominium association against a developer’s contractors and design professionals could expire long before transition of control to the unit owners. It is apparent from the opinion in Palisades that the Court likely failed to consider its own acknowledgement nearly 35-years earlier addressing the inherent conflict of interest between a CONT I NU E S ON PAGE 36

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Matthew Driscoll VP/Regional Account Executive 443-866-9076 Toll Free 866-800-4656, ext. 7561 matt.driscoll@mutualofomahabank.com

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