Pointe 16 v. Gtis-Hov

Summary

The court held that the homeowners’ assignments to the homeowners’ association of accrued claims for breach of the implied warranty of workmanship and habitability were not barred by the purchase agreements’ anti-assignment clause. The clause prohibited assignment of the agreement and the buyer’s rights under it, but did not expressly prohibit assignment of accrued damages claims arising from breach. The court therefore reversed the summary judgment on the implied-warranty claim and remanded for further proceedings; the separately presented issue concerning claims against the nonparty contractor was deemed moot.