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SETTLEMENT AUTHORITY

Associations, through their boards of directors, have standing to settle matters in legal proceedings on behalf of the membership (Civil Code §5980, Duffey v. Superior Court) in matters that include but are not limited to the following:
  • enforcement of the governing documents;

  • damage to the common areas;

  • damage to the separate interests which the association is obligated to maintain or repair; and

  • damage to a separate interest that arises out of, or is integrally related to, damage to the common area or a separate interest that the association is obligated to maintain or repair.

  • construction defects (Windham v. Superior Court)

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