Adams Stirling PLC



♦  Statutes
♦  Case Law

Our legal services include:
•  Amending gov docs
•  Enforcing gov docs
•  Drafting contracts
•  Corporate compliance
•  Preparing disclosures
•  Disability issues
•  Maintenance issues
•  ​Property damage
•  Litigation



♦  Miriwa v. Miriwa Center COA (2019).  Unpublished. This case upheld the Association’s passage of a rule establishing business hours for the commercial condominium owner to attempt to address issues concerning homeless people sleeping. urinating and defecating in the common areas.. The appellate court analyzed statutes in the Commercial and Industrial CID Act pertaining to operating rules. It also cited to the Lamden decision as to the board’s decisionmaking in adopting the rule.

♦  S & V LLC v. Lowe's Home Centers (2019). Unlike covenants which restrain the alienation of real property, a condition which restricts land use is not subject to a reasonableness standard unless required in the contract itself.

♦  Western Heritage Insurance v. Todd (2019). The CC&Rs required the association to carry fire insurance that named the association and owners as insured but prohibited individual members from obtaining their own fire insurance. A fire in the condominium leased by defendants damaged other units. The association's carrier, Western Heritage, paid for the fire damage. It then filed a subrogation complaint against defendants, alleging the fire was caused by their negligence. The court decided Western was barred from subrogating against the defendants since they were implied insureds under the policy, even if negligent.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC