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Ladera Vista

Featured Case Study: Ladera Vista

DCS was contacted by the Board of Directors of Ladera Vista, a 235-unit condominium development in North Scottsdale. The Association was plagued by a number of problems, including deterioration of decks and balconies, as well as water intrusion from roofs and windows…

The Association had been negotiating directly with the developer of the project for over a year before they called to get professional advice and support. The Board was concerned that the repairs offered by the developer were not permanent and did not encompass all of the problems the Association was experiencing.

The Developer of the project included two provisions in the CC&R’s, that attempted to restrict the community’s ability to recover damages from themselves. First, that all claims against the Developer would be arbitrated, and second that a 75% affirmative vote was required to sue the Developer. DCS asserted the position that both of these provisions were unconscionable and contracts of adhesion, thus not valid.

The Judge in this matter was never forced to make a decision on either of the issues, because the Association was successful with the help of our firm in negotiating a complete resolution to the matter, without the need for extended litigation. Currently, the Association is undergoing complete repairs to the community all paid for by the developer.

How was this accomplished?

First, DCS recommended a forensic architect and civil engineer to do intrusive testing to determine what type of construction defects existed, how extensive they were, and to recommend permanent repairs for the problems. Additionally, DCS advanced 100% of the experts and investigative costs for the Association.

Second, once the experts had quantified the problems, we presented the problems to the developer and their experts. The goal of the negotiations was to agree on the scope and nature of repairs, who would supervise those repairs, and most importantly who would pay for them.

After a series of meeting and mediations with the Developer, they finally agreed to make the necessary repairs and pay for an independent architect to supervise the repairs. Finally, the developer agreed to pay our fee, as well as the costs advanced for the experts.

The ultimate cost to the Association was zero, and the matter was resolved in less than twelve months.

What Clients Say

We are very thankful that you believed in the case

I just wanted to thank you and your staff for all the hard work you did on our case. Nick and I are very appreciative of the time your firm took for us and the other class members. It was a long road to the end but we are very thankful that you believed in the case and continued to support it.

Elayne R. WilsonHomeowner, Cayman Square & Cayman Lane
We are truly grateful

Thank you all for achieving an awesome settlement for Costa Brava! We are truly grateful.

Maureen CrawleyCosta Brava Homeowners Association
Worked hard to back up its promise

Your firm was always optimistic and worked hard to back up its promise to resolve our litigation as expeditiously as possible. During the investigative process, your staff did an excellent job of managing the contractors selected to conduct the invasive testing of our homes.

Marty J. BrandtPresident, the Pueblos At Andersen Springs Association
Made the Board feel confident and well informed at every turn

Construction defect litigation is a long and arduous task, and Mr. Dicks and his team made the Board feel confident and well informed at every turn.

Lennard AnclamPresident of The Board of Directors, Serena Owners Association
We are especially pleased

We are especially pleased with the extent of your ability in protecting your client's rights and the expeditious decision of our case.

Danny Kim, et al Virgil Courts HOA, Inc.
Clearly had the Association's best interests at heart

With our litigation against Wilma Pacific now essentially concluded, I'd like to extend my thanks on behalf of the Camelot Homeowners Association to you and your firm for all of your hard work in driving it to a very successful conclusion. Christopher Coglianese and Jeff Miller deserve much of the thanks for their diligent pursuit of this case and their professional handling of the many issues that arose during the process. I enjoyed working with each of you as I think you clearly had the Association's best interests at heart

Don StevensonPresident, Camelot HOA
Everyone's performance was truly first class.

As we finish our re-construction project, I want to take this opportunity to thank you and Mike and your entire staff for all you have done for our association. Everyone's performance was truly first class. We were treated as though we were your only project. We had your undivided attention.

John KozarovichPresident, SeaCliff Court Homeowner's Association
Diligent expertise in handling our defect case

On behalf of the Board of Directors and homeowners of Morning Sun Condominium Owners Association I would like to express our sincere gratitude for your diligent expertise in handling our defect case.

Nancy P. LucePresident
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