(originally published in October 1998)
The recent Aas decision has been construed by many defense attorneys as precluding associations from obtaining judgments against developers absent a showing of “resultant damage.” For example, the argument is that if a fire stop is not present in a unit, the association cannot recover from the developer for lack of that fire stop unless a fire breaks out and destroys the unit because of the lack of fire stop.
The Aas decision directly contradicts prior cases involving construction defects. Because of this contradiction, the matter was appealed to the California Supreme Court for review. On September 16, 1998, the California Supreme Court Agreed to grant review of the Aas decision. Because the California Supreme Court granted review, the Aas decision is effectively depublished and may not be relied upon as precedent.