When an association enters into a contract with a vendor for services (landscaping, plumbing, painting, roofing, etc.), there are two primary remedies when the contract is breached:
Money Damages.
An aware of money damages is the most common remedy available to parties and compensates
them for damage they suffered when the contract was breached. This
is different from breach of CC&Rs (which is a breach of equitable
servitudes) where money damages are not an adequate remedy and
injunctive relief is the common remedy.
Specific
Performance. "Specific performance" forces a party to perform as promised under
the contract. This remedy is available only when the the
aggrieved party cannot be adequately compensated for the breach by an
award of money.
ASSISTANCE: Associations needing legal assistance can
contact us.
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