GREENBRIER VILL. CONDO. 2 v. Keller Inv.

409 N.W.2d 519
CourtCourt of Appeals of Minnesota
DecidedJuly 21, 1987
DocketC0-87-104
StatusPublished

This text of 409 N.W.2d 519 (GREENBRIER VILL. CONDO. 2 v. Keller Inv.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GREENBRIER VILL. CONDO. 2 v. Keller Inv., 409 N.W.2d 519 (Mich. Ct. App. 1987).

Opinion

409 N.W.2d 519 (1987)

GREENBRIER VILLAGE CONDOMINIUM TWO ASSOCIATION, INC., on Behalf of itself and its unit owners, Appellant,
v.
KELLER INVESTMENT, INC., et al., Franklin Construction Co., Inc., James M. Cooperman & Associates, et al., Dolan, Banister & Associates, Inc., Braun Engineering & Testing, Inc., E & H Earth Movers, Inc., Fabcon, Incorporated, Dalco Roofing and Sheet Metal, Inc., Respondents.

No. C0-87-104.

Court of Appeals of Minnesota.

July 21, 1987.

*520 John C. Rosholt, Minneapolis, for appellant.

Scott Ballou, Lasley, Gaughan, Stich & Angell, P.A., Denis R. Vogel, Hillstrom & Bale, Ltd., Thomas L. Adams, William M. Hart, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, Richard J. Haefele, Chaska, Glenn E. Purdue, Lefevere, Lefler, Kennedy, O'Brien & Drawz, Eric Magnuson, Keith J. Kerfeld, Rider, Bennett, Egan & Arundel, Barbara A. Burke, Mark A. Gwin, Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, John H. Guthmann, Hansen, Dordell, Bradt, Odlaug & Bradt, St. Paul, for respondents.

Considered and decided by PARKER, P.J., NIERENGARTEN and STONE, JJ.,[*] with oral argument waived.

OPINION

PARKER, Judge.

Condominium homeowners' association brought suit on behalf of itself and the unit owners, pursuant to Minn. Stat. § 515A.3-102(a)(4) (1982), against the seller, developer, architect, general contractor and certain subcontractors of the project because of various defects in the building. The association alleged, inter alia, breach of contract, negligent design and construction, and breach of implied and express warranties. The trial court granted summary judgment to defendants based on the two-year statute of limitations in Minn. Stat. § 541.051, subd. 1 (1980), and the association appeals. We affirm.

FACTS

Greenbrier Village Condominium Two, a 70-unit condominium building, was completed in 1977 and subsequently sold to appellant Greenbrier Village Condominium Two Association, Inc. (Greenbrier). The respondents are the original owner, the developer, the architect, the general contractor and certain subcontractors.

In September 1983 Greenbrier served its complaint upon the respondents, alleging the following defects:

1. Roof flashing does not extend at least 3 inches up stacks and other roof penetrations;
2. Basement ceiling mortar between planks must be replaced with a urethane sealant to remove a health hazard;
3. Patios have sunken;
4. Hallways lack vertical expansion joints and trim to cover cracks;
5. Units have cracks at the first interior ceiling-balcony plank joints, exterior wall-ceiling plank joints, and vertical joints between interior partitions and exterior walls, which should be treated with urethane sealant and trim;
6. Entrance walk has settled;
7. Exterior leaks water between planks and should be flashed or caulked; and
8. Flashing at the base of the roof has rusted, which should be replaced and vented;
* * * * * *

Respondents answered that the claim was barred by the two-year statute of limitations in Minn. Stat. § 541.051, subd. 1, for claims involving improvements to real property and conducted discovery to establish that the defects had been discovered prior to September 1981.

Discovery revealed a memorandum from the "Maintenance Committee and Board Members of Condo II," dated May 12, 1981, which stated, in pertinent part:

The following is a brief list of the items that CONDO II intends to pursue with *521 the Keller Corporation to repair or replace. We believe that there is either faulty engineering or construction that is giving us the problems. It may take a professional engineering firm to prove our claims.
1. The patios around the building on the ground floor have sunk anywhere from 2 to 6 inches. Improper backfilling may be the reason for the sinking.
2. The metal facia strip around the exterior of the building near the roof, is rusting from both the inside and the outside. The rust is staining the paint and the awnings on the outside of the building. From all appearances, the metal seems to be rusting through. The reason for the rusting should be found. Not being vented may be part of the trouble.
3. Several cracks or voids have appeared in the prestressed concrete, both on the inside and the outside. These cracks will have to be repaired and we should know why this is happening.

Discovery also produced a May 12, 1981, letter from the Minnetonka building inspector to respondent Robert Keller which showed the inspector had already been out to investigate tenants' complaints of structural cracking and settling patios.

Discovery further revealed the minutes of the association's monthly board meetings and of its 1980 and 1981 homeowners' meetings. The following excerpts are relevant to this appeal:

November 5, 1980: "The rusted flashing was discussed. Jeff is looking into different ways of taking care of this problem."
January 7, 1981: "The Carl Walters Engineering firm has been out to check into [falling plaster in the entryway] and other problems with the building. They will get back to us on this with a complete report. They are also looking into the flashing around the building. Jeff said a roofing company has been contracted to seal the verandas in front of each building to alleviate the water running into the lobby."
March 4, 1981: "Don Semple reported that he has received several replies from homeowners regarding structural faults observed in the building. Primary concern was expressed about the settling of first floor terraces, [and] rusting of trim near roof * * *."
April 1, 1981: "Les Dahl will return next week and bring us up-to-date on the structural problems in the different units."
May 6, 1981: "Don gave a briefing on the HOA meeting last week. Building 3 [appellant Greenbrier is known as building 6] had a contractor come in and go through the whole building. He said it would take $100,000 to put the building back into shape. Our condo attorney, Mr. Eide, will be here at 6:00 P.M. tomorrow night to tell us where we stand, legally, with Keller on this issue. There should be representatives from each building at this meeting.
* * *
Les Dahl mentioned the crack on the deck wall of the Samsky-Keller divider. There is also a crack on one of the patio floors on the west side of the building. He suggests that we call in an outside contractor to see why these cracks have developed.
The flashing was also discussed. Someone will have to go up on the roof and see why water is getting in and rusting the flashing."
June 3, 1981: "As to the structural defects in the building, we may have to decide whether or not to pay $1,500 to hire an engineering company to provide the documentation, etc. on all the problems, in order to make a presentation to Keller. Those present agreed 100% to the survey. Art and Don will now bring this agreement to the HOA meeting."

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Morton v. Board of Com'rs of Ramsey County
223 N.W.2d 764 (Supreme Court of Minnesota, 1974)
Dalton v. Dow Chemical Co.
158 N.W.2d 580 (Supreme Court of Minnesota, 1968)
Bulau v. Hector Plumbing and Heating Co.
402 N.W.2d 528 (Supreme Court of Minnesota, 1987)
Wittmer v. Ruegemer
402 N.W.2d 187 (Court of Appeals of Minnesota, 1987)
Dollander v. Rochester State Hospital
362 N.W.2d 386 (Court of Appeals of Minnesota, 1985)
Chrischilles v. Griswold
150 N.W.2d 94 (Supreme Court of Iowa, 1967)
Bethesda Lutheran Church v. Twin City Construction Co.
356 N.W.2d 344 (Court of Appeals of Minnesota, 1984)
Kittson County v. Wells, Denbrook & Associates, Inc.
241 N.W.2d 799 (Supreme Court of Minnesota, 1976)
Rosenberg v. Town of North Bergen
293 A.2d 662 (Supreme Court of New Jersey, 1972)
Greenbrier Village Condominium Two Ass'n v. Keller Investment, Inc.
409 N.W.2d 519 (Court of Appeals of Minnesota, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
409 N.W.2d 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenbrier-vill-condo-2-v-keller-inv-minnctapp-1987.