Liability

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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Beware: Independent Contractors May Not Be So Independent

April 24, 2013

HOA’s Maybe Liable For The Acts of an Independent Contractor Conventional wisdom has often assumed that when an HOA hires and independent contractor that the HOA will not be liable if the contractor is negligent and harms someone. After all, the contractor is “independent” and why should the HOA be liable when the contractor, over […]

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Association Liability for Criminal Acts Causing Loss or Damage to Owner Property

March 25, 2013

In 1986, the California Supreme Court issued its ruling in Frances T. v. Village Green Owners Association. That decision – which has been the subject of critical commentary – holds that an association and its individual Board members can, in certain circumstances, be liable for bodily injuries sustained by a homeowner arising from a criminal […]

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