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VILLA SIERRA CONDOMINIUM v. FIELD CORP.

No. 88CA1484.

787 P.2d 661 (1990)

VILLA SIERRA CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation, Mr. and Mrs. Robert G. Bond, Miss Evelyn M. Hollowell, William and Pauline Barber, Mr. and Mrs. Harry G. Hendler, Mr. and Mrs. Horace M. Woehler, Mr. and Mrs. Joe Orell, Naomi M. McCracken, Jamie Boswell, and James B. and Eileen Blaine, individually and as representatives of a class, Plaintiffs-Appellants, v. FIELD CORPORATION, a Colorado corporation; Villa Sierra Development, a joint venture; Hubchik & Davis, Inc., a Colorado corporation; Schuetz Construction Co., Inc., a Colorado corporation; and Hans Schuetz, an individual, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

January 18, 1990.

Attorney(s) appearing for the Case

David C. Mize, Colorado Springs, for plaintiffs-appellants.

Fowler & Schimberg, P.C., Jeffrey Cowman and Penne A. Goplerud, Denver, for defendants-appellees Field Corp. and Villa Sierra Development.

Retherford, Mullen, Rector & Johnson, Neil C. Bruce, Colorado Springs, for defendants-appellees Schuetz Const. Co. and Hans Schuetz.

Opinion by Judge CRISWELL.

Plaintiffs' appeal requires us to determine whether their suit meets the necessary prerequisites for a class action under C.R.C.P. 23(b)(3) and whether a condominium association has standing to assert claims on behalf of condominium unit owners against the builder-vendor for alleged construction defects. The trial court answered both questions in the negative. We reverse.

The individual...

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