- 4 - 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 areaPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011