Legal Question in Real Estate Law in California

I was President of an HOA in Calif. We were painting our building and I asked the painter to change 1 color to 1 shade deeper. I realized, after the act, that I had made A MISTAKE BY MAKING A Unilateral decision. I sent a letter of resignation explaining that I had made an error and apologized. I just received a demand letter from a homeowner for the amount of the assessment she paid for the paint job. She wants to go to small claims court. Am I covered by E & O INSURANCE?


Asked on 2/21/12, 4:46 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

First see if the Board will approve the different color [they probably will]. If so, what damages has anyone suffered? If none, then you can not be sued as no one was harmed but you. you should be covered by the insurance policy because it was a mistake and not intentional violation, but there is no need to report a claim when one does not exist [so rates do not go up].

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Answered on 2/22/12, 8:38 pm


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