Liability

Additional Hoops for Additional Insureds?

- By Mark T. Guithues, Esq. (originally published Winter 2001) Imagine this situation: an association uses a contractor to provide services based on individual written service orders, rather than a contract. This happens almost every day. Examples of this type of relationship include occasional cleaning services, flood remediation services, plumbing, and (non-warranty) roof leak repairs. [...]

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

Associations in Hot Water Over Utility Charges

- By Laurie S. Poole, Esq. (originally Summer 2000) One of the common services homeowner associations provide is utilities for the common area. Items such as water and electricity are essential to the association's ability to manage the common area. Have you ever considered whether your association is paying for utility services that it is [...]

By | May 25th, 2007|Liability|0 Comments

What?! Our HOA may be Liable for the Sidewalk we do not even Own?

- By Laurie S. Poole, Esq. (originally published in Summer 2000) A California Appellate Court recently determined that a homeowners association may have a duty to warn or protect third parties about dangerous conditions in sidewalks across its property, even when the sidewalk is not owned by the association. In the case of Alpert v. [...]

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

California’s New Playground Regulations

- By James R. McCormick, Jr., Esq. (originally published in Spring 2000) Do you have a swing, slide or other playground equipment in your common area? If so, then recent changes to California laws governing playground safety will most likely effect your association. Recently, the legislature amended Health & Safety Code 115730 to create new [...]

By | May 25th, 2007|CID News, Liability, Maintenance|0 Comments

Mechanic’s Liens – an Overview

- By David M. Peters, Esq. (originally published in Spring 2000) If you have ever had a contractor perform work on a piece of real property in California, chances are that at one time or another, you have had to encounter the issue of mechanic’s liens. The mechanisms of the mechanic’s lien can be difficult [...]

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

California Supreme Court Declines Remedy for Emotional Distress in Action for Construction Defects

- By Mark T. Guithues., Esq. (originally published in January 2000) One of the most rewarding aspects of practicing law is the ability to bring justice, in the form of monthly awards, to a client who has been injured. Donning our white hats, we recall our law school idealism of using our education and skills [...]

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

Election Campaign Flyers Held Not Libelous to Association

- By Laurie S. Poole, Esq. (originally published in October 1999) A California appellate court recently determined that cam-paign flyers distributed by two owners were not libelous against an association. In Palm Springs Tennis Club v. Rangel, Plaintiff, Palm Springs Tennis Club ("PSTC"), a non-profit corporation that operates a timeshare resort, sued one of its [...]

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

Picking up Where the City Left Off – Are you Liable for Injuries on Adjacent Property?

- By Laurie F. Masotto, Esq. (originally published in January, 1998) It is not uncommon for a property owner or a homeowners association, in connection with main-taining their property, to keep the adjacent public sidewalk clean, such as by sweeping, removing leaves and other debris, to enhance the appearance of the neighborhood. Fortunately, a recent [...]

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