Association law

Law firm Miller recoups $2.25 million for Hayes Valley Homeowners Association in just 10 months

SAN FRANCISCO, July 29, 2021 /PRNewswire/ — Miller Law Firm Has Recovered $2.25 million for a Hayes Valley boutique condominium association for damages related to construction defects in just 10 months after serving the builder with notice of construction defects and violations of building standards.

The 35-unit HOA board located near the Market Street corridor in Hayes Valley has retained The Miller Law Firm just days away from its 4-year anniversary. Faced with serious plumbing and sewage system faults, the board hired The Miller Law Firm, a fault attorney.

According to Senior Partner Rachel M. Miller, “Although the statute of limitations or time limits in California for HOA condominiums to pursue a builder claim is 10 years from the date of completion, boards often need to file a lawsuit sooner to preserve shorter timelines. For example, there is also a plumbing deadline of 4 years. In this case, the building was only 11 days away from the 4-year deadline and faced major plumbing and sewer repair needs. By acting diligently, the Régie stopped the clock and was able to recover the sufficient funds needed to repair the building. »

The HOA sent a defect notice for plumbing and other building defects, including but not limited to warped and loose exterior panels, efflorescence and stains, stucco cracks, severe deterioration HVAC insulation on the roof and a compromised building maintenance system. The claim was settled in mediation efforts facilitated by Gerald A Kurland Esq., of JAMS, in just 10 months without filing a formal complaint in Superior Court.

“Builders’ insurance policies are often ‘burning limit’ policies, and insurance funds can erode or run out during these claims, as this insurance pays for the time of the attorney and the builder expert. As a result, we often have to work on an expedited schedule. If those funds are burned through lengthy claims processes, those are funds that are taken out of the HOA,” says Founding Partner and CEO, Thomas E. Miller. “This 10-month settlement speaks to the importance of having the right team in place to aggressively investigate common-space shortcomings and arbitrate claims outside of the often-backed court or arbitration system. Given that the Council acted within the time frame allotted executives, they were able to recover the builders insurance repair funds without the policies eroding and avoid special appraisals or the use of reserve funds for these costly repairs . »

Celebrating 40 years of practice, the law firm of Miller ( continues to be California authority on construction defects and primary resource for San Francisco owners, boards of directors and community management. The new 3rd The Home and Condo Defects: A Consumer Guide to Faulty Construction (2021) edition was written to aid and assist homeowners, board members, and association management companies in pursuing legitimate claims against builders and their insurance companies. Contact the Communications Director Sara Brown for more information on how to receive a copy. ([email protected])

Miller’s legal treatise, Handling Construction Defects, now in its fourth edition, remains the definitive practice guide for attorneys, mediators, arbitrators and judges.

Media Contact: Rachel Miller
(415) 437-1800
[email protected]

SOURCE The Miller Law Firm

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