SRS ARLINGTON OFFICES 1 v. ACO

No. COA13-808.

760 S.E.2d 330 (2014)

SRS ARLINGTON OFFICES 1, LLC, SRS Arlington Offices 2, LLC, SRS Arlington Offices 3, LLC, SRS Arlington Offices 4, LLC, SRS Arlington Offices 5, LLC, SRS Arlington Offices 6, LLC, SRS Arlington Offices 7, LLC, SRS Arlington Offices 8, LLC, SRS Arlington Offices 9, LLC, SRS Arlington Offices 10, LLC, SRS Arlington Offices 11, LLC, SRS Arlington Offices 12, LLC, and SRS Arlington Offices, LLC, Plaintiffs, v. ARLINGTON CONDOMINIUM OWNERS ASSOCIATION, INC. and Arlington Commercial Holdings, LLC, and James J. Gross, Defendants.

Court of Appeals of North Carolina.

July 1, 2014.


Attorney(s) appearing for the Case

Katten Muchin Rosenman LLP, by Richard L. Farley , Rebecca K. Lindahl , and Meghan D. Engle , for defendant-appellee Arlington Condominium Owners Association, Inc.

Templeton & Raynor, P.A., by Kenneth R. Raynor , for defendant-appellants Arlington Commercial Holdings, LLC, and James J. Gross.


BRYANT, Judge.

A homeowners' association has standing to bring a claim on behalf of its members. A claim for unjust enrichment/ quantum meruit is a claim for restitution which seeks to force a party to disgorge its ill-gotten profits. Where a party brings claims for restitution, the doctrine of election of remedies is not applicable. Summary judgment as to a claim is appropriate where a party has abandoned a claim.

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