Liability

Individual Insurance Coverage Requirements May be Implied by Governing Documents

(originally published in Winter 2005) Palacin v. Allstate Insurance Company (2004) 119 Cal.App.4th 855. California case law generally provides that because individual owners pay for association insurance through their assessments, they are entitled to whatever insurance coverage is available under the association’s master policy subject to the policy’s deductible. The master policy is considered primary, [...]

By | May 25th, 2007|Cases & Laws, Enforcement, Liability|0 Comments

Association Not Obligated to Enforce its Documents for “Suspected” Violations

(originally published in Winter 2005) Titus v. Barton Protective Services, Inc. (2004) 118 Cal.App.4th 906. In Titus v. Barton Protective Services, Inc. (2004) 118 Cal.App.4th 906, the Court of Appeal held that although an association’s Covenants, Conditions and Restrictions (“CC&Rs”) give the association the authority to make arrests and detain individuals for violating the governing [...]

Marital Status is Not Protected Class Under Unruh Act *

(originally published in Winter 2005) Koebke v. Bernardo Heights Country Club – Superseded by grant of review – not citable (2004) 116 Cal. App. 4th 791. *Please note that this case has been granted review by the California Supreme Court, and cannot be cited as good case law. Please watch our quarterly newsletter for updates [...]

Who is a “Prevailing Party”

(originally published in Spring 2004) The California Court of Appeals recently held in Parrott v. The Mooring Townhomes Association, that trial courts can determine who the "prevailing party" is for the purpose of awarding attorney fees after a case has already been dismissed. The defendant Association in this case asked homeowners to approve a special [...]

By | May 25th, 2007|Cases & Laws, Enforcement, Liability|0 Comments

Privacy in Associations

(originally published Spring 2004) The Court of Appeals in Koebke vs. Bernardo Heights Country Club recently addressed the question, whether or not a private country club may limit its membership privileges to spouses of the opposite sex. This case involved a lesbian couple who are registered as domestic partners under California law. The couple brought [...]

By | May 25th, 2007|Cases & Laws, Enforcement, Liability|0 Comments

Insurance Crisis: Are we out of the “Water” yet?

(originally published in Summer 2003) Given the past few years, it is safe to say that anyone who is associated with owners associations and condominiums in particular, is familiar with the ongoing “insurance crisis.” Many associations face premiums that skyrocketed over two to three hundred percent. Other associations have been dropped altogether by their insurance [...]

By | May 25th, 2007|Cases & Laws, Liability|0 Comments

Judicial Determination of an Association’s Disclosure Obligations

- By Stephen M. Kirkland, Esq. (originally published in Summer 2003) In the recent decision of Ostayan v. Nordhoff Townhomes Homeowners Association, Inc., the California Court of Appeals held that the Association did not have a duty to notify its members of the filing of bad faith insurance action against the Association’s insurance carrier, based [...]

By | May 25th, 2007|Cases & Laws, Liability|0 Comments

Mold Bill Keeps on Growing

(originally published in Fall 2002) The California State Senate has recently been debating a bill that would affect insurance coverage for mold damage. In February 2002, a bill was introduced in the Senate that would require property or liability insurance policies issued, amended, or renewed after January 1, 2003, to cover mold as an ensuing [...]

By | May 25th, 2007|Cases & Laws, CID News, Liability|0 Comments

Don’t Cash That Check!

- By Mark T. Guithues, Esq. (originally published in Fall 2001) Associations regularly face underhanded dealings by owners. Unfortunately, owners often attempt to try "every trick in the books" to avoid paying assessments. One method which is somewhat regularly attempted is to send in a partial payment (e.g. assessments only, without late fees or legal [...]

By | May 25th, 2007|Cases & Laws, Liability|0 Comments

There’s Nothing “Fair” About It!

- By Laurie S. Poole, Esq. (originally published in Summer 2001) Allegations that a homeowners association and its management company violated the Federal Fair Housing Act ("FHA") by condoning and participating in harassment towards a disabled resident was the subject of a recent Federal court decision in Illinois. In Scialabba v. Sierra Blanca Condominium Number [...]

By | May 25th, 2007|Cases & Laws, Liability|0 Comments

Problems with Defective Hardwood Siding

- By Laurie F. Masotto, Esq. (originally published in Summer 2001) At least two manufacturers of hardboard siding used on the construction of homes are involved in class action lawsuits for which class members may be entitled to payment for damages associated with their products. The claims involve defects such as buckling, deterioration, discoloration, swelling, [...]

By | May 25th, 2007|Cases & Laws, Liability, Maintenance|0 Comments

Have you been “SLAPPed” Lately?

   - By James R. McCormick, Jr., Esq. (originally published in Summer 2001) In the Peters & Freedman, L.L.P.'s Spring, 2001 newsletter, we reported on the case of Damon v. Ocean Hills Journalism Club, involving an association's successful dismissal of a defamation lawsuit brought by a former property manager. The lawsuit was dismissed because it [...]

By | May 25th, 2007|Cases & Laws, Liability|0 Comments

Court Rules on Scope of Director Coverage Under Commercial Liability Policies

- By Steven R. Napoles, Esq. (originally published in Summer 2001) Congratulations! You have just been elected to serve on the board of your homeowners association. You must now be thinking about the following issues: What sorts of activities are within the duties of an officer or director in the context of a homeowners association? [...]

By | May 25th, 2007|Cases & Laws, Liability|0 Comments

New Insurance Code Requirements for Independent Contractors

- By Steven R. Napoles, Esq. (originally published in Spring 2001) Newly adopted California Insurance Code Section1088.8 (effective January 1, 2001) requires that certain entities and individuals report information regarding services provided by independent contractors to California's Employment Development Department ("EDD"). Under the new law, "service recipients" who file tax returns under Paragraph A of [...]

By | May 25th, 2007|Cases & Laws, Liability|0 Comments

Safety Alert: Warning of Defective Furnaces in California Homes

- By Steven R. Napoles, Esq. (originally published in Winter 2001) In September, 2000, the Consumer Products Safety Commission (CPSC) issued a warning for 190,000 furnaces sold in California from 1983 to 1994. The CPSC warning covers gas-fired horizontal forced-air furnaces manufactured by Consolidated Industries (formerly known as Premier Furnace Company). The warning specifically focuses [...]

By | May 25th, 2007|Cases & Laws, Liability, Maintenance|0 Comments