Representative Cases

Appellant built an apartment complex and later sold it to the Developers, which converted the complex to condominiums. The HOA later filed suit against the Developers claiming construction defects. The suit was settled and the HOA dismissed its lawsuit without prejudice to the Developers' right to sue the HOA directors and officers for equitable indemnity. In turn, the Developers agreed to restrict their indemnity claim to the insurance limits of the directors' E&O policy. The Developers then filed cross-complaints against various entities, including members and former members of the HOA's board of directors, seeking indemnification and declaratory relief. The Developers claimed the board had negligently managed the complex and had contributed to the damages suffered by the HOA. At issue was whether the developers could seek equitable indemnification from individual members of a homeowners’ association board.

Homeowners’ association circulated a document extending the effective date of the CC&Rs, which extension was recorded. The extension also set forth changes to the CC&Rs. A second homeowners’ association was then formed. It filed the action that challenged the validity of the extension. At issue was whether homeowners who assented to the extension in writing had the power to unilaterally revoke their consent.

Cross-complainant and respondent was the developer of a large tract of condominium duplexes. It was sued by the HOA representing homeowners who purchased individual units in the development. The HOA claimed the units suffered from a number of defects, including in particular, defective stucco on the exterior of the units. The HOA did not sue any subcontractors. Developer filed cross-complaints for contractual and equitable indemnity against 28 subcontractors.