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D.R. HORTON v. EIGHTH JUDICIAL DIST. COURT

No. 52684.

215 P.3d 697 (2009)

D.R. HORTON, INC., A Delaware Corporation, and RCR Companies, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the County of Clark, and the Honorable Allan R. Earl, District Judge, Respondents, and First Light Homeowners Association, a Nevada Nonprofit Corporation, for Itself and for All Others Similarly Situated, Real Party in Interest.

Supreme Court of Nevada.

September 3, 2009.

Attorney(s) appearing for the Case

Wolfenzon, Schulman & Ryan and Bruno Wolfenzon, Las Vegas; Koeller Nebeker Carlson & Haluck, LLP, and Robert C. Carlson and Megan K. Dorsey, Las Vegas, for Petitioner D.R. Horton, Inc.

Hansen Rasmussen and R. Scott Rasmussen and Vadim Veksler, Las Vegas, for Petitioner RCR Companies.

Quon Bruce Christensen and Nancy E. Quon, Las Vegas; Law Office of James R. Christensen, P.C., and James R. Christensen, Las Vegas; Maddox, Isaacson & Cisneros, LLP, and Troy L. Isaacson and Norberto J. Cisneros, Las Vegas, for Real Party in Interest.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, C.J.

In this petition for extraordinary writ relief, we resolve whether a homeowners' association has standing to pursue constructional defect claims on behalf of its members with respect to alleged defects in individual units in a common-interest community. Because the provisions of NRS Chapter 116, among other sources, demonstrate that a commoninterest community includes individual units, we conclude that under NRS...

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