Association Not Entitled to Apportion Attorney’s Fees

Facts: Water leaks in the common area of a condominium building damaged an owner’s unit. The owner sued the association and the building’s developer. After a jury trial, the jury found that both the developer and the association were negligent and that their actions were the direct cause of the damage. The jury attributed 80 percent of “fault” to the developer and 20 percent to the association—that is, the developer would be responsible for paying 80 percent of the damages and the association would be responsible for paying 20 percent.

The resource you requested is available only to current members.  

Please log in or start your membership account.

Member Log In

Trouble Logging In?
Reset your password. Or contact us

Need to Renew Your Membership?
If your membership has expired and you wish to renew, visit the Membership Renewal Page.

Sign up for your free trial membership and access this resource now. 

Community Association Management Insider helps community association managers keep their co-ops, condominiums, and homeowner’s associations running effectively and within budget — and all in the bounds of state, local, and federal law, as well as their governing documents.

Click here for quick FREE trial sign-up.

As a member, you get:

  • Model tools, such as letters to members, bylaws, and contractor agreements
  • Step-by-step management techniques
  • Updates on new laws and court cases that impact you
  • Easy-to-implement solutions to managers' thorniest challenges.

Community Association Management Insider will show you how to:

  • Avoid liability and get indemnity
  • Effectively and economically manage maintenance and repairs
  • Get better deals from contractors
  • Get the right insurance coverage
  • And much, much more

Sign up for your free trial membership and access this resource now »