By MICHAEL CHULAK
During the recent rains, the roof to my condominium leaked through a crack, causing damage to my furniture and other personal property. I have been informed by the association’s insurance company that the master policy excludes coverage for my personal property. I don’t have insurance. Can the association be held liable for not maintaining the roof?
Possibly. If the board of directors fell below the standard of care in maintaining the roof, they could be liable for negligence and would then be responsible for paying your damages. The fact that the roof leaked is insufficient, by itself, to prove negligence on the part of the board. For example, if the crack was new, the board would probably not be held liable for negligence. If the crack was old and the board failed to have the roof inspected, it would be more likely that a court would hold them liable. The facts of your case must be fully investigated before an educated opinion can be offered.
The lesson is clear. It is prudent for all condominium owners to obtain insurance to protect their property. It is inexpensive compared to the risk of harm an owner can suffer.
Please define “conflict of interest.”
A conflict of interest exists where an individual’s dutya to one party leads to the disregard of a duty to another. It exists when an outside influence affects a person’s ability to make an independent, unimpeded, objective decision or when a person owes duties to separate parties with conflicting interests.
Whether or not a conflict of interest exists depends on the facts of a particular situation which must be evaluated on a case-by-case basis.
Our homeowners association recently obtained a small claims judgment for $5,000 against a member for nonpayment of assessments. What is our next step?
If you have a management company, they should be able to take any appropriate collection action. This should include filing an “Abstract of Judgment” in any county where the debtor owns real estate and/or resides.
Other options include: (1) Garnishing the debtor’s wages (2) Seizing bank accounts (3) Seizing non-exempt personal property (4) Conducting a debtor’s examination in order to obtain the information needed to collect the debt.
What is an “Abstract of Judgment?” An Abstract of Judgment is a legal form filed with the County Recorder’s Office that puts everyone on notice that you have a judgment against the debtor. Most importantly, it causes the judgment to attach to all of the debtor’s real estate, including any real estate acquired by the debtor within ten years of the entry of the judgment. The Abstract may be renewed after 10 years, if necessary.
The recordation of an Abstract of Judgment makes it nearly impossible for a debtor to sell or refinance real estate or to obtain new unsecured credit at favorable interest rates and terms. Thus, it is an excellent collection tool.
Michael T. Chulak is the founder of Michael T. Chulak & Associates in Agoura Hills. Questions can be sent to For more information, visit www.MTCLaw.com and www.HOAQandA.com.
Originally published in the Santa Monica Daily Press print edition on October 25, 2006. Read the original PDF.