HOLDINGS: -In a case in which condominium owners sued a condominium association to recover payment for a water leak, the appellate court concluded that, with respect to the owners’ breach of contract claim, reasonable jurors could have concluded a total failure to maintain common areas breached a promise to keep these areas in first class condition. A complete lack of preventive maintenance was evidence the association did not keep the roof or pipes in first class condition. The jury would not need experts to grasp this; -With respect to the owners’ tort claim, the appellate court concluded that the owners gave no authority for a cause of action in tort. Outside the covenants, conditions, and restrictions, the association had no independent duty as to the pipes and roof arising from tort law.
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The appellate court affirmed the nonsuit of the tort claim and reversed and remanded the nonsuit on the contract claim.