Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”). Developer had acquired the remaining undeveloped portions of the development, other than the common areas. “A construction company affiliated with Developer, Rivers Development, Inc. (“Builder”), completed construction of the development. Developer sold all the newly constructed townhomes to individual homeowners.” The Association sought damages for the cost of repairs. The claims asserted by the Association were breach of implied warranty, negligence, and negligence per se.
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