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AFN46062_0913
the original owner of the property –
i.e. the developer. In other words, the
Court posited that causes of action
accrue when someone in the chain of
ownership, including the developer, first
knows or reasonably should know of a
defect and the party responsible, even
if transition to unit owner control had not
yet occurred. Thus, although Palisades
was decided on its peculiar facts, the
decision opens the possibility that direct
claims by a condominium association
against a developer’s contractors and
design professionals could expire long
before transition of control to the unit
owners.
It is apparent from the opinion in
Palisades that the Court likely failed
to consider its own acknowledgement
nearly 35-years earlier addressing the
inherent conflict of interest between a
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