W. Carson Woods

The parties brought cross-applications regarding ongoing disputes over cigar smoke migrating between condominium units and unauthorized unit modifications.

The condominium corporation sought orders to remove humidifiers installed by the unit owners and to access the unit for repairs.

The unit owners sought declarations that the corporation breached its duties to repair and maintain the common elements, and orders dictating the contents of future status certificates.

The court found the humidifier issue moot as the owners agreed to remove them.

The court dismissed the owners' claims, finding the corporation acted reasonably in relying on its engineer's recommendations for repairs, and held it lacked jurisdiction to dictate the contents of a status certificate in advance.

The appellant developer sued the respondent architect for negligence and breach of contract, alleging that the upper deck of a parking garage was inadequately designed, resulting in water ponding.

The trial judge dismissed the action, finding that the ponding was caused by construction defects rather than the architect's design.

On appeal, the appellant argued the trial judge erred in his appreciation of the expert evidence and in finding the designed slope was reasonable.

The Court of Appeal dismissed the appeal, holding that while the trial judge mistakenly stated there was no expert evidence challenging the design, this error was immaterial because the trial judge's liability findings were driven by construction errors for which the architect was not responsible.