Carlson & Messer, LLP has extensive experience defending homeowners, condominium and property associations in litigation, including Los Angeles, Orange and Ventura counties. The contractual nature and fiduciary status of a community association puts it in the unique position of being vulnerable to many different sorts of claims. By keeping abreast of current statutes and case law concerning such associations, we have aggressively defended our clients in cases concerning:

• Contracts;
  
  
• CCRs and Bylaws;
  
  
• Construction Defects;
  
  
• Property Damage;
  
  
• Fiduciary Duties;
  
  
• Maintenance Issues;
  
  
• Premises Liability;
  
  
• Third Party Claims;
  
  
• Personal Injury;
  
  
• Toxic Mold;
  
  
• Criminal Acts of Third Party;
  
  
• General Negligence;
  
  
• Trespass;
  
  
• Private Nuisance;
  
  
• Indemnification; and
  
  
• FDCPA claims.
  

A sampling of our cases include the following:

• Favorable Summary Judgment for HOA and property manager in a multimillion dollar suit for paraplegic injuries sustained by employee of a third party contractor on individual homeowner premise.
  
  
• Representation of a HOA in a trip and fall personal injury claim, in which plaintiff had two knee surgeries and suffered $60,000 in economic damages, and we negotiated a settlement for $2,500.
  
  
• Summary Judgment granted in favor of our client, an HOA sued for alleged injuries caused by Association's failure to maintain a sidewalk.
  
  
• Defended HOA in a premises liability action by member of association who sustained injuries while bicycling over a speed bump on a privately maintained road, and negotiated a favorable settlement for our client.
  
  
• Successfully tendered the defense of a Building Owner's Association in construction defect case in which a third party was severely injured.
  
  
• Ongoing defense of HOA concerning interpretation of CC&Rs and indemnity issues with the developer of the land, stemming from property damage claim of individual homeowner due to flooding.
  
  
• Representation of HOA in a wealthy residential community against a claim of theft of jewelry due to lapse in security at gate, in which Summary Judgment motion is pending.
  
  
• Current representation of HOA against claims of property damage and toxic mold resulting from the HOA's alleged failure to properly repair/maintain common area roof.
  
  
• Obtained judgment in favor of an HOA and a judgment for fees in an action concerning violations of the Fair Debt Collection Practices Act due to alleged improper collection of Association fees.