Legal Question in Business Law in California

Where to Find Lawyer For A Condominium Shareholders' Action

A homeowner petitioned and obtained writ of madate in 2001, commanding the condominium's board to produce books and records for an audit. The audit is to find out why association's Reserve fund does not have $128,000, only $30,000 as of 1998.

The initial audit of books and records obtained from the respondent board showed unauthorized transfer or disappearance of about $90,000 of association's fund.

The condo associations carry Directors and Officers Liability to pay for damages caused by errors, omissins and breach of duty of directors. The policy does not exclude claims between the co-insured in the policy, namely, the association and the board.

I have a difficult time to find corporations and litigation attorneys or real estate attorney or insurance coverage attorney to pursue association's claim against its board for board's failure to comply with the bylaws' financial reporting provision.

Apparently the subject matter is in the grey area of the above mentioned practice. I am unable to find an atrorney to make name a condo association as real party in interest for a judgment awared to a homeowner.


Asked on 10/19/05, 8:00 am

4 Answers from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Where to Find Lawyer For A Condominium Shareholders' Action

I concur with the above comments. Where are you located? If you are in the San Fernando Valley area, please feel free to contact me to talk about this issue.

Matthew Mickelson

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Answered on 10/21/05, 1:25 pm
Terry A. Nelson Nelson & Lawless

Re: Where to Find Lawyer For A Condominium Shareholders' Action

I don't know where you have been looking, but this is a relatively common litigation issue. If interested in getting legal help, contact me to discuss. However, a four year wait to take action means we have to determine whether the insurance will still cover the problems, and whether the Statute of Limitations will prevent civil suit.

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Answered on 10/21/05, 1:36 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Where to Find Lawyer For A Condominium Shareholders' Action

What is your role in all this?

How come, if somebody received a writ back in 2001, nobody sued to get the money back, or made a claim against the insurance policy, or contacted the district attorney or police, since then? Hasn't the statute of limitations long expired?

What have you done to attempt to retain an attorney?

What's wrong with this picture??

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Answered on 10/21/05, 4:51 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Where to Find Lawyer For A Condominium Shareholders' Action

we would need a more complete factual overview of what all has or has not transpired the court order was given. there seems to be missing information that would need to be clarified in order to give you the proper legal assistance or direction you deserve. if you would like a free consultation on this situation and help thereafter, contact us today.

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Answered on 10/21/05, 5:01 am


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