Franklin v. Marie Antoinette Condominium Owners Ass'n

Opinion

ORTEGA, J.

This appeal concerns an exculpatory clause contained in the declaration of covenants, conditions and restrictions (CC&R’s) governing the relationship between an association of condominium homeowners and the condominium owners. If applied to this case, the exculpatory clause will relieve the association of its contractual liability to pay the plaintiff condominium owner for water damage to her unit caused by a central plumbing leak. We reverse the judgment with directions to enter judgment for the defendant association.

I

Facts and Procedural Background

The condominium project,…