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Red Light, Green Light: When CC&Rs Give HOAs the Go-ahead to Sue

September 26, 2017

Recognized nationally for her litigation skills, Janice Michaels will join a panel of experts to explore “Red Light, Green Light: When CC&Rs Give HOAs the Go-ahead to Sue” at the 2017 CLM & Business Insurance Construction Conference in San Diego, California. Michaels, a partner at WSHB’s Las Vegas office, will join Matthew Adler from XL Catlin, Adrienne Cohen from the Law Offices of Adrienne D. Cohen, and Rex Heeseman from JAMS-Heeseman on October 10, 2017 at 1:00 p.m.

“Traditionally hotbeds of defect litigation, CC&Rs are emerging as the newest battleground over standing to recover damages for various aspects of the claims presented,” said Michaels. “Are they effective shields to litigation or ground zero for new case law? That’s what we hope to sort out.”

Key takeaways expected from this session:

  • Read the CC&Rs to determine whether the HOA has standing to sue, and look for any conflicting or superseding statutes that might limit standing, despite what the CC&Rs say.
  • Preserve defenses to standing in answer and prepare discovery to determine facts.
  • Examine damages claimed in light of CC&R definitions and maintenance manual.

Michaels has more than 25 years of experience in all aspects of litigation and is an active member of the California, Nevada and New York bars. While based out of Las Vegas, Janice handles complex litigation for her clients across the West Coast and has advised them on matters across the country. She has been selected a Nevada Super Lawyer for the past five years and is AV Preeminent rated by Martindale-Hubbell.

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