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The Homeowners’ Association is responsible for repairing,
maintaining, and insuring the common areas, including individual
units from the interior paint out. If proceeds from the
Homeowners’ Association insurance policy are insufficient to
repair damage, the Homeowners' Association may use its own funds
or specially assess its members. The Homeowners’ Association was
short on funds in 1989 and 1990.
Before she bought her home, petitioner contracted with J.D.
Hise (Hise) to inspect it. Hise is a licensed general contractor
who inspected homes for home buyers. He has worked in the
building industry since 1963. Hise inspected the property on
October 25, 1988. At that time, the foundation had no cracks,
the floors were level, the doors fit, 25 roof tiles were broken,
the garage slab had minor cracks, the master bath carpet had
water damage, the master bath vanity had settled away from
the tile splash, and the living room windows leaked. Hise
recommended no structural repairs for the house.
C. The Loma Prieta Earthquake
The Loma Prieta earthquake (the earthquake) occurred on
October 17, 1989. Petitioner was at home during the earthquake.
The earthquake damaged petitioner’s home and personal property.
During the earthquake, petitioner’s house shook, articles fell
from the wall and cabinets, tile cracked, and the front door
sprang open and would not reclose. The earthquake measured 7.1
on the Richter scale. The earthquake area, including the area
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