Wilson

The primary issue in this case is straightforward. May the developers of a condominium complex, who have been sued for construction defects by a homeowners association, cross-complain against individual unit owners for equitable indemnity? Under the facts of this case, we conclude the answer is “no.”

I. Factual and Procedural Background

This is an appeal from a judgment entered after a demurrer was sustained without leave to amend. We, thus, recite the facts as set forth in the pleadings.

The Lauriedale Homeowners Association (Association) is a California nonprofit corporation which was created to operate and manage the Lauriedale Condominiums, a 328-unit complex located in San Mateo. On a date which is not disclosed in the record, the Association filed a complaint against various persons and entities who had been involved in the development of the Lauriedale Condominiums. Throughout this opinion, we will refer to these persons and entities collectively as appellants. Essentially, the complaint alleged that appellants were responsible for defects in the commonly owned areas of the complex—such as roofs, walkways, and decks— under legal theories such as breach of…