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MURPHY v. YACHT COVE HOMEOWNERS ASSOC.

June 16, 1986

ROBERT JOHN MURPHY, JR. AND MILLEN ANNE MURPHY, RESPONDENTS
v.
YACHT COVE HOMEOWNERS ASSOCIATION, APPELLANT.



The opinion of the court was delivered by: Harwell, Justice:

Heard May 6, 1986.

Decided June 16, 1986.

Members of an unincorporated condominium association sued the association for negligence. The lower court struck the imputed negligence defense from the association's answer. We affirm.

Respondents urged the lower court to adopt the rationale of White v. Cox, 17 Cal.App.3d 824, 95 Cal.Rptr. 259 (1971). In that case, a condominium owner, who was a member of the unincorporated condominium association, brought an action against the association in its own name. The member sought damages for personal injuries allegedly suffered when he tripped and fell over a water sprinkler negligently maintained by the association. The association asserted the imputed negligence defense. The California court held that a member of the condominium association could maintain a tort action provided (1) the association possessed a separate existence from its members, and (2) the member did not retain direct control over the ...


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