Gallery v. K Hovnanian
Supreme Court of Arizona decided this construction matter on July 29, 2026. The case reached the court on appeal from the Superior Court in Maricopa County (No. CV2020-008714). The dispute has been in litigation for roughly 6 years. Montgomery wrote.
What the court held
We hold that, because § 33-2002 and related statutes encompass a cause of action for construction defects arising out of a failure to adhere to community workmanship standards, the Legislature has modified the common law to authorize homeowners’ associations to bring what constitutes an implied warranty suit.
Quoted from the court's own holding or syllabus. Confirm against the linked opinion before relying on it.
How the case got here
- Trial court
Filed in 2020
Superior Court in Maricopa County · No. CV2020-008714 · Judge Katherine Cooper
- Court of appeals
Intermediate appellate review
Court of Appeals, Division One
- High court review
Docketed at the high court, 2024
Supreme Court of Arizona · No. CV-24-0252-PR
- Jul 29, 2026
Decided
Opinion by Montgomery · Reversed and remanded
Key passage
“In this case, we must determine whether, by enacting A.R.S. § 33-2002, the Legislature has authorized a homeowners’ association to bring such a suit regarding both common areas it owns and properties owned by individual homeowners.”
Why this matters
Supreme Court of Arizona reversed and remanded. The opinion is published, so it binds Arizona trial courts until the court revisits it. This decision may shape the allocation, timing, or defense of construction and property-loss claims.
Review focus
The contract, defect, or property issue presented
How the court allocates duties among project participants
Any effect on timing, damages, or available defenses