Atherton Condo Apartment-Owners Ass'n Bd of Directors v. Blume Dev. Co.

Summary

The court affirmed summary judgment dismissing the owners' negligent-construction, nuisance, architect-liability, and municipal-liability claims, but reversed dismissal of the implied-warranty and fraudulent-concealment claims against the developer. It also upheld dismissal of two owners' express-warranty claims while allowing a third to proceed because the evidence created a factual dispute about a pre-sale representation concerning stucco. The court held that alleged violations of fundamental fire-resistance requirements could fall within the implied warranty of habitability and that evidence of the developer's knowledge, rather than proof of intent to conceal, was sufficient to avoid summary judgment.