Article Archives >> Lead Stories >> July 16 - August 15, 2008
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Condo Directors Not Personally Liable
Although Association Is Liable for Failure to Act
California Court gives deference to directors’ judgment,
but affirms Order for Association to fix building
A Court of Appeals in California has held that there is no internal inconsistency in a jury verdict holding a condominium association liable to unit owners for defects in the building but exonerating individual directors from personal liability for failing to order the work done. (Ritter & Ritter v. The Churchill Condominium Association, Ct. of App., Second App. Dist., Div. Eight, No. B187840, 7/22/08.)
When a unit owner complained of odors in the unit, the problem was traced to a failure to put adequate fire stopping around pipes penetrating the slab between floors. When the owners demanded that the Association fix the problem, the directors decided not to do so, ordered the owners to take care of it themselves, and fined them $200 a day if they failed to do so. The owners sued both the Association and the individual members of the board.
Article Archives >> Lead Stories >> July 16 - August 15, 2008
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