Condo Damage – Rain And Roof Leaks
If you live in an HOA and share walls with other units, you also share a roof. By definition, if a component or element of the building services more than one unit, then that component is going to be a common area component that falls within the responsibility of the
Property Damage Claim Denials By Insurance Companies
We just took on a case wherein a vendor of a home services product, while servicing the product damaged a water line which caused severe water and mold damage throughout our client's home. the vendor's insurance company denied the claim and based its denial on their assertions that "other causes"
Condo Damage & HOA Disputes – Unit Boundaries
Many of our condo damage cases turn on whether the failure or loss causing the damage constitutes HOA property or separate interest property. Once the failed component is identified, a good place to start for the homeowner is the Condominium Plan. The Condominium Plan is typically recorded along with and
Condo Damage Attorney – HOA Board Member Duties
Except for an exceptional circumstance, it is not proper to name individual board of director members as additional defendants in lawsuits against the HOA. Under the Lamden "Judicial Deference" Rule, board of director members, individually sued, will be offered protection for their business decisions related to maintenance and repair obligations
Condo Damage & HOA Disputes – When Plumbing and Pipes Constitute Common Area
Many of the Condo Damage and HOA disputes we handle for our homeowners involve failing pipes and plumbing fixtures which result in damage to the homeowner’s unit. Plumbing failures are an unfortunate part of owning a unit subject to an association. Problems arise when the HOA Board decides that it
Condo Damage & HOA Disputes – Discretion of the Board and the Legal Standard
Many HOA disputes originate from a board’s decision and how a decision may impact a particular homeowner. The CC&Rs authorize Boards to make decisions that will benefit the association. While an HOA cannot enforce a rule that is arbitrary or serves no benefit to the HOA, California Courts give a
HOA Disputes – Common Area Failures Can Support Condo Damage Claims Against HOAs
Many of the cases our Los Angeles HOA Dispute Attorneys handle are condo damage cases brought after common areas fail and damage the homeowner's unit. Common areas (plumbing, electrical, waterproofing, roof, landscaping/irrigation) fail. It's simply a matter of fact. Often times, deferred maintenance or an HOA's failure to exercise reasonable care
Condo Damage and HOA Disputes – Modifying HOA Conduct Through Litigation
Many HOA disputes arise from an HOA's refusal to act or otherwise comply with its responsibilities under its CC&Rs. Sometimes disputes arise from the most trivial action or inaction taken by the HOA Board. Homeowners are then faced with the proposition of litigating and incurring attorney fees in order to