Ms. Andersen represents community associations in corporate governance, operational, transactional, and civil litigation matters. Ms. Andersen’s association governance practice includes the evaluation of compliance with the Davis-Stirling Common Interest Development Act, the analysis and interpretation of governing documents, the recommendation for rewrites and amendments when necessary, the implementation of election and secret ballot processes, and the negotiation and drafting of other recorded agreements affecting real property.
Ms. Andersen approaches each of her client’s needs from a risk management perspective. Enforcement disputes are promptly, efficiently, and creatively addressed to avoid costly and time- consuming legal proceedings. The association’s self-help, discipline, dispute resolution, and enforcement procedures are strictly followed in order to provide members with a transparent process and the best opportunities to quickly and economically resolve violations. When a member chooses to delay compliance, Ms. Andersen provides aggressive representation of the association and is always committed to the recovery of related expenses.
Ms. Andersen negotiates and drafts all manner of vendor contracts including maintenance, reserve study, accounting, parking and towing, security, and communications agreements. Ms. Andersen additionally possesses extensive expertise writing construction and repair contracts. Her comprehensive understanding of the design and construction process, construction scheduling, payment terms and issues, liability for construction delays and defects, defense and indemnity obligations, and first and third-party insurance claims has proven invaluable to her clients.
Ms. Andersen has over nineteen years’ experience in litigating issues related to insurance coverage, real estate fraud and disclosure, operating and reserve funding, contract interpretation and compliance, complex construction defect, condominium conversion, free speech, and the enforcement of covenants, conditions and restrictions. Ms. Andersen has also defended associations, their directors and officers against claims for violation of the Fair Housing and disability laws, failure to maintain association property, failure to comply with the Open Meeting Act, failure to comply with the member election statutes, infliction of emotional distress, and breach of fiduciary duty. When an association faces the uncertainty of litigation, Ms. Andersen has the experience-based wisdom and insight to competently guide the association through the legal process and achieve excellent results.
Ms. Andersen possesses significant expertise handling complex construction defect matters. She has represented homeowner associations, commercial real estate owners and multi-family apartment house owners in complex construction and insurance coverage matters. This representation includes advising clients on the fiduciary duty to conduct property investigations, alternatives to defect litigation, budgeting for the repair of property conditions, alternative dispute resolution and formal litigation.
She has successfully mediated the settlement of claims for water intrusion at exterior cladding systems (siding, stucco, stone veneer and curtain walls), roofing systems, windows, balconies, decks, stairways and entry landings; mechanical systems (hot water distribution, air conditioning, humidity control, gray water discharge); structural systems; foundation systems (post-tensioned slab on grade and elevated podium deck structures); electrical systems; acoustical systems; and civil infrastructure including site drainage, reclaimed water distribution, attachment of municipal sewer mains to private lots, differential settlement, soil stability and groundwater dewatering systems.
Ms. Andersen achieved notable success managing condominium conversion claims through settlement and trial. This experience includes the evaluation of developer compliance with applicable condominium conversion laws, sufficiency of developer prepared operating and reserve budgets, sufficiency of developer disclosures to condominium associations and members, and the investigation of converters’ construction practices.
Ms. Andersen’s insurance practice includes both the prosecution and defense of community associations in insurance coverage matters. Ms. Andersen has litigated policy provisions related to coverage triggers, the duties to defend and indemnify, the named versus other insureds, the separation of insureds, policy exclusions, and policy endorsements. She has additionally defended against insurers’ claims for rescission based upon incomplete policy applications and fraud. She has prosecuted claims under Insurance Code section 11580. In several matters, Ms. Andersen obtained assignments of policy rights from developers in underlying construction cases and successfully prosecuted bad faith claims directly against the insurers.
Ms. Andersen graduated magna cum laude from Bowdoin College in Brunswick, Maine and received her law degree from U.C. Davis, King Hall School of Law. She is admitted to practice before all Courts in the State of California, the United States District Court for the Central, Eastern, Northern, and Southern Districts in California, and the United States Court of Appeals for the Ninth Circuit.
Ms. Andersen currently serves as a Legislative Co-Chair on the Executive Committee of CAI’s California Legislative Action Committee. She has been awarded an AV-Preeminent rating by Martindale-Hubbell representing her high level of professional excellence.
Admissions:
State Bar of California, 2002
U.S District Court, Central District
U.S District Court, Eastern District
U.S District Court, Northern District
U.S District Court, Southern District
U.S. Court of Appeals, Ninth Circuit
Education:
Bowdoin College
U.C. Davis, King Hall of Law