Brickyard Homeowners’ Assoc. v. Gibbons Realty Co.

668 P.2d 535 (Utah 1983)

Brickyard, which involved numerous alleged defects in the construction of a condominium project, is significant in that it seemingly established, without question, that an association had standing to assert claims involving common areas, and claims involving more than one unit, by the association.

In the case, the Court declined to adopt the defendants’ desired result that all unit owners be required to be joined as parties. The Court stated:

In a nutshell, inasmuch as res judicata could be relied upon in any subsequent action by the defendants against them, we see no basis for concern that they will be exposed to multiple and inconsistent judgments. Nothing would be gained by forcing a class action upon the Brickyard Condominium unit owners nor in requiring that each of them be made parties as the statute offers a less burdensome alternative for legal representation.

Brickyard affirmed the association’s right to pursue claims based upon implied warranties and fraud, based upon the earlier case of Management Committee of Graystone Pines HOA v. Graystone Pines, Inc., 652 P.2d 896 (Utah 1982).

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