Lori Jarvis (Of Counsel-McLean, VA) and Sung Che Jo (Associate-McLean, VA) successfully defended a homeowners association in the lower court when plaintiff condominium owners sued them for failing to affirmatively disclose sub-floor asbestos at the point of sale in 2013, arguing that the bylaws created such a duty. The plaintiffs sought $80,000 in economic damages and $350,000 in punitive damages. The plaintiffs appealed and Lori argued the appeal. In an unpublished opinion from the Virginia Court of Appeals, the court agreed with our client, the lower court, and Lori and Sung Che’s argument. Appellate Judge Lisa M. Lorish affirmed that the client’s alleged nondisclosure could not constitute fraud or concealment in the present case.