Barbara Ann Tudyman - Page 4

                                         - 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 area                

Page:  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