A Complete Dismissal Secured. Default Judgment Granted. Communities Protected.
Schneider Buchel LLP represents a community association where there was a major fire that destroyed homes and displaced residents for a significant period of time. Schneider Buchel helped the Condominium recover the insurance proceeds which were necessary to rebuild the homes. The good news is that the homes were completely rebuilt with insurance proceeds.
Unfortunately, several dissident Home Owners who felt entitled to more than what the community’s governing documents provided, commenced a lawsuit against the Condominium, its HOA, managing agent and property manager, and a board member (as well as the contractor who performed the restoration work) in connection with alleged deficiencies in post-fire reconstruction work within the community. The Complaint asserted multiple causes of action, including negligence and breach of fiduciary duty, but improperly alleged wrongdoing against “all Defendants” collectively. It failed to distinguish the specific roles and responsibilities of the Condominium, the HOA, the managing agent, property manager and the individual board member, instead of relying on generalized and conclusory allegations.
Our firm asked the Court to dismiss the action, relying on the Association’s governing documents and related agreements as controlling documentary evidence. We demonstrated that the governing documents clearly defined the scope of each party’s authority and that the claims were legally insufficient as asserted in the Complaint filed with the Court. The Court agreed, granting the motion in full and dismissing all claims and related cross claims as to the firm’s clients. As a result, the Condominium, HOA, and related parties were dismissed from the litigation at an early stage, eliminating further exposure and avoiding prolonged and costly proceedings.
By identifying legal weaknesses early, leveraging governing documents effectively, and guiding clients with clarity and empathy, our attorneys secured a victory for the community association at an early stage and put an end to the battle with the Home Owners who improperly believed they were entitled to more.
Sloan J. Zarkin of Schneider Buchel LLP represented the client in this lawsuit.
