Samantha Van Der Wall and David Bernardoni Obtain Defense Verdicts in Long Fought HOA Battle

May 24, 2024
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Congratulations to David Bernardoni and Samantha Van Der Wall for the defense verdicts they obtained on March 22, 2024.  In a complicated homeowners association case that had been pending since 2017, and involved three separate lawsuits consolidated for trial, defense verdicts were obtained in all three cases following a month-long jury trial.  Samantha Van Der […]

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HOMEOWNER ASSOCIATION DILEMMA DAMAGE CAUSED BY WATER LEAKS: WHO IS RESPONSIBLE?

July 19, 2021
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The Problem In a normal condominium building, the most prevalent claims by owners against their association are those arising from water leaks. The typical allegation is that water entered through the roof, a broken pipe inside a wall, or a planter adjacent to a first-floor unit, resulting in damage to the resident’s furnishings, decorations, finishes, […]

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New Unpublished Appellate Decision Involving Protection of Views Within California Homeowner Associations

February 28, 2021
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Homeowners tend to become very upset when their existing views will be obstructed by a neighbor’s proposed remodeling project. Conversely, owners who want to add a second story to their residence are just as adamant that they should have the right to upgrade their own homes as they see fit–without regard to whether their construction […]

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Divisive Political Climate and Unruh Act Claims: Potential Implications for Homeowners Associations

September 11, 2020
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It is no secret that the United States in 2020 is a more divided place than in recent memory. A combination of COVID-19 and social and political forces exacerbated by the media has led many of us to feel as though we are living through a period of heightened tension, mistrust, and anxiety, whether perceived […]

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