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Supreme Court Rules That Condominium Homeowner’s Association Cannot Sue Developer More Than Two Years After Developer’s Dissolution
The Supreme Court recently ruled in Ballard Square Condominium Owners Association v. Dynasty Construction Company that a 2006 amendment to Washington’s laws regarding lawsuits against dissolved businesses applies retroactively to bar lawsuits initiated prior to the law’s effective date.
Ballard Square arose when a condominium homeowner’s association filed suit against the developer alleging water intrusion damage caused by, among other things, defective building siding.  The developer corporation had dissolved in October of 1995, shortly after sale of the last Ballard Square unit, but the association did not discover the damage until 1996 and 1997, and did not file suit until October 2002. 
At the time the association brought suit, claims against a dissolved corporation were barred two years after its dissolution, but only if the cause of action arose prior to the dissolution.  Where the cause of action arose after dissolution, as was the case in Ballard Square, the trial court held that there was no right to sue and dismissed the lawsuit against the dissolved developer corporation.  The court of appeals affirmed.  The Supreme Court disagreed, and held that under the prior version of the statute, the association could maintain its suit because there was no statute specifically barring the ... more

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