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Case Results: Homeowners’ Associations

Below is a list of some of the cases the firm has handled, not a complete list, and is not a guaranty of future results.

Vera Townhomes Homeowners’ Association v. Vera Townhomes
$1.5 Million
Klein & Wilson represented a homeowners’ association in a construction defect case. The developers and contractors denied there were construction defects and refused to pay anything. After conducting a “show-and-tell” presentation of the defects and inviting all the defendants to destructive testing, the defendants recognized they would be found liable and paid Klein & Wilson‘s client approximately $1.5 million.

Brutocao v. The Hunt Club Community Association
Klein & Wilson‘s client was forced to sue his homeowners’ association, which refused to allow him to build on plans it had previously approved. Klein & Wilson attempted to settle the case early through mediation, but the homeowners’ association stubbornly refused to budge an inch. At trial, the court found in favor of Klein & Wilson‘s client and awarded not only substantial damages, but also the majority of the client’s legal fees, finding that the quality of representation had been superior.

Vera Townhomes Homeowners’ Association v. Chesley Construction, Inc.
(Arbitration Award)
A general contractor threatened to sue Klein & Wilson‘s client, a homeowners’ association, for unpaid construction fees. The homeowners’ association sued first. At the binding arbitration, the association argued it actually overpaid the contractor. Before the arbitration, the association offered to settle the case for a “walk-away,” with both sides surrendering their competing claims against each other. The contractor refused and insisted on pressing its cross-complaint. The case proceeded to arbitration. Using a multimedia presentation, Klein & Wilson convinced the arbitrator that the association was owed every penny it requested, and the arbitrator awarded the contractor nothing. The arbitrator later told the local bar association Klein & Wilson‘s multimedia presentation was the most effective trial presentation he had ever seen .

Vera Townhomes Homeowners’ Association v. State Farm

Klein & Wilson filed a first party claim against State Farm Insurance. The insurance company rejected the claim, and Klein & Wilson filed an action for bad faith against the insurance company. Before any depositions were taken, State Farm settled by paying the association’s entire claim.