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October 01, 2002
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Case No: CV 2002-00550
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Arizona
Superior Court
County of Cochise
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Kathleen Chamberlain
Represented by: Robert Stachel, R. Alex Morgan
v.
Las Casitas Condo Association
Represented by: Scott Anderson
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Summary
In 1995 during a remodeling of her kitchen, Plaintiff discovered major damage to cement floor from a tree root. Plaintiff notified association immediately upon discovering this. Association responded one week later with promises to notify insurance carrier which was never done.
Plaintiff paid to have new cement subfloor replaced in kitchen and dining room due to tree root damage and proceeded with complete remodel of kitchen, replacing kitchen floor with ceramic tile and dining room floor with laminate. Plaintiff requested removal of eucalyptus tree that caused damage, including acquiring estimates for tree removal. Tree was not removed.
Although general membership has voted to make repairs to Plaintiff's unit and voted a special assessment to generate funds for major repairs and capital improvements, board has refused to do so. Damage to a contiguous unit has been repaired. Lawsuit alleges they were negligent for not removing tree when damage from the root was discovered and breach of contract because CC&R's state association is responsible for maintaining structures.
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Causes of Action: Breach of contract, negligence
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Judge: The Honorable Wallace Hoggatt
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Current information/Final Decision
Case is scheduled for arbitration July 23, 2003 |
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Lawsuit Text
In 1995 during a remodeling of her kitchen, Plaintiff discovered major damage to cement floor from a tree root. Plaintiff notified association immediately upon discovering this. Association responded one week later with promises to notify insurance carrier which was never done.
Plaintiff paid to have new cement subfloor replaced in kitchen and dining room due to tree root damage and proceeded with complete remodel of kitchen, replacing kitchen floor with ceramic tile and dining room floor with laminate. Plaintiff requested removal of eucalyptus tree that caused damage, including acquiring estimates for tree removal. Tree was not removed.
In 1998 plaintiff reported new damage to kitchen resulting in laminate buckling in dining room, kitchen cabinet pushed up 1 1/2 inches, tile under refrigerator broken, tile on counter top cracked and broken, and a baseboard pushed up so far it had cracked. The eucalyptus tree was eventually removed (1998) but root ball remained although board was notified that this would continue to grow. Root ball subsequently removed (1999).
Although general membership has voted to make repairs to Plaintiff's unit and voted a special assessment to generate funds for major repairs and capital improvements, board has refused to do so. Damage to a contiguous unit has been repaired. Lawsuit alleges they were negligent for not removing tree when damage from the root was discovered and breach of contract because CC&R's state association is responsible for maintaining structures.
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