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Legal News and Notes for Community Association Boards and Managers
April 2019

Do We Finally Have an Answer to the Age Old Question: Is the Association liable for damages to a unit when the roof leaks?

(maybe...)

By Steven S. Weil, Esq.

The facts in this LA case, Sands v Walnut Gardens Condominium Association, are simple. Pipes on the common area roof leaked causing water damage to the owner's unit. According to the manager's trial testimony the Association performed no preventative maintenance even though it would have been desirable; he said the roof and pipe had not been inspected or maintained in years. The CC&Rs required the Association to maintain the project “in first class condition”.

After presentation of the evidence but before the case was submitted to the jury, the Association filed a “non suit” motion. It basically said the case should be dismissed even if all the evidence presented was true because that evidence failed to show there was a breach of contract or negligence. While the trial court granted the motion, the appellate court reversed. It suggested that the utter failure to inspect or maintain might have been enough for a jury to conclude (and without expert testimony) that the Association breached the CC&R “contract” requiring maintenance to a first class condition standard.

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Our SoCal Team Welcomes Back Chloe!

Chloe Apter has represented associations, commercial and single family home owner in real estate, construction defect, commercial and class action litigation.

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Upcoming Events

Come and meet us at some of the following events and speaking engagements,
we hope to see you there!

JUNE

13th

Power Board: Reserve Study Updates — La Gran Terraza (6:00 - 8:00 pm)

Please RSVP to Shelby Powell

14th

CAI BayCen Golf Classic — Hiddenbrooke Golf Club

15th

ECHO Annual HOA University & Expo — Santa Clara Convention Center

Andrea O'Toole and Aaron Hayes are presenting on Law & Governance (2:45 - 3:45 pm)

Andrea O'Toole, Aaron Hayes, and Katrina Solomatina are a part of Ask the Attorneys (3:45 - 4:30 pm)

26th

CAI BayCen SF Luncheon — Marines Memorial Club & Hotel

20th

CAI OC Educational Luncheon — Irvine Marriot Grand Ball Room

28th

CAI SD Trade Show & Leadership Luncheon — DoubleTree by Hilton San Diego

Leading with Exceptional Legal Talent,
Extensive Resources and Decades of Experience.

BERDING|WEIL lawyers are highly experienced construction defect, community association, and transactional real estate attorneys. We bring a thorough understanding of our clients' issues and creative solutions for their legal needs.

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Berding & Weil

2175 N. California Blvd., Suite 500

Walnut Creek, CA 94596

P  925.838.2090

F  925.820.5592

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Costa Mesa, CA 92626

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San Diego, CA 92108

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