Starke v. Goodwind Estate Assn., Inc.

Syllabus

The plaintiff sought to recover damages from the defendant pursuant to the Common Interest Ownership Act (§ 47-200 et seq.), for its alleged failure to repair water damage to the floor, walls, ceilings, and window treat- ments of his condominium unit. The trial court granted the defendant's motion to dismiss the plaintiff's complaint as moot because the plaintiff no longer owned the condominium unit, having lost title in a foreclosure action. Thereafter, the court rendered judgment dismissing the plaintiff's complaint and the plaintiff appealed to this court. Held that there was no merit to the plaintiff's claim that the trial court erred in dismissing the negligence count of his complaint because it alleged personal property damage that was not contingent on his continued ownership interest in the unit; the plaintiff's complaint was based entirely on the defendant's alleged violations of the act and his rights as a unit owner pursuant to the act, and the plaintiff did not argue before the trial court that his claim for damages to the window treatments was a claim for damages to personal property. Argued January 19—officially released March 30, 2021