Ballard v. 1400 Willow Council of Co-Owners, Inc.

This case involved a dispute between a condominium association (the Council) and one of its co-owners (Ballard) regarding the need to replace and who should bear the cost of replacement of a two-story wall of windows in Ballard's condominium. Ballard filed suit against the Council seeking damages for breach of contract and breach of fiduciary duty, among other claims. The Council, meanwhile, replaced the wall of windows and filed a lien statement and lis pendens to serve as notice that it was asserting a lien against Ballard's condominium. The Council counterclaimed. Ballard amended her complaint to assert, inter alia, a slander of title claim. After a jury trial, the trial court awarded judgment to Ballard and ordered the Council to release its lis pendens notice and statement of lien from Ballard's condominium. The court of appeals reversed and remanded for a new trial. The Supreme Court affirmed in part and reversed in part, holding (1) Ballard's slander of title claim was properly submitted to the jury; and (2) the court of appeals correctly determined that the Council did not have a fiduciary duty to Ballard, and therefore, the fiduciary claim should have been dismissed rather than a new trial ordered. Remanded. View "Ballard v. 1400 Willow Council of Co-Owners, Inc." on Justia Law