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When you buy a home, you invest not just in a place to live but in the promise of security, community, and stability. Homeowners place their trust in a homeowners’ association (HOA) to uphold these values, perform necessary maintenance, and safeguard their property. After all, if you’re paying into an HOA, you expect them to hold up their end of the bargain.
Unfortunately, for our clients, the Currys, this trust was broken, turning their lives upside down and putting their livelihoods at stake. The HOA should have been a source of support and protection for the family. Instead, it became the very cause of their turmoil.
The Currys were living in their Carlsbad home, a property nestled in a hillside community governed by the Hillside Patio Homes Association. However, the HOA neglected to upkeep the slopes surrounding their property, forcing the Currys to flee their beloved home as their backyard crumbled and their home was deemed unsafe.
Attorneys Vince Bartolotta and Karen Frostrom of Thorsnes Bartolotta McGuire recently won a $2.6 million verdict for the Currys against Hillside Patio. While this money cannot undo all of the injustices the Currys were made to suffer, it will help them greatly in their journey to rebuild their life after this traumatic situation.
If you have experienced HOA negligence or a similar situation, get in touch with Thorsnes Bartolotta McGuire online or call (619) 236-9363 today.
With over 45 years of experience and $2 billion recovered for our clients, we will put our knowledge and resources to work for you, just as we did for the Currys.
When Neglect Turns Into Disaster
In March 2020, the Currys, like most of us during that time, were doing their best to adjust to the unprecedented changes the COVID-19 pandemic brought.
From school to workplaces, since everything was shut down in the midst of the pandemic, the family hunkered down in their home in Carlsbad. Their home was one of the many nestled on a terraced hillside to maximize views.
The steep slopes surrounding their home, owned and managed by the HOA, were vital for safety and stability. Over time, however, the HOA failed to maintain those slopes. They allowed the vegetation to die off and neglected a key drainage system known as a brow ditch that was meant to divert water and prevent erosion.
When heavy rains hit in early 2020, disaster struck. Without the vegetation to hold the soil in place or a functioning drainage system to manage water flow, the slope behind the Currys’ home gave way. The backyard collapsed, taking their patio with it.
Greg Curry rightfully contacted the HOA for help, who in turn rudely brushed him off and informed Greg that he and his family were on their own.
A Nightmare for the Currys Unfolds During the Pandemic
Since the HOA abandoned the Currys during this distressing time, Greg notified the police, the fire department, and city officials. Understanding the severity of the situation, personnel quickly swarmed their home.
The damage was so severe that city inspectors red-tagged the property, forcing the Currys to evacuate their home immediately.
To make matters worse, this all occurred during the early days of the COVID-19 pandemic, a time already filled with so much stress and uncertainty. Not only did the Currys fear for their health as so many people entered their home, but they were pushed out into the unknown.
With hotels mostly closed and short-term rentals unavailable, the Currys had to scramble to find a place to stay. Eventually, they relocated to a family-owned rental home, an inconvenient eight hours away in Watsonville.
The upheaval disrupted every aspect of their lives. Greg, an essential worker, had to work grueling 96-hour shifts all the way in Riverside before making the long eight-hour drive just to be with his family.
Meanwhile, his wife Maegen had to manage her remote job and juggle their sons’ virtual learning, all while dealing with the emotional toll of losing their home.
Even after moving back to San Diego in late 2020, the Currys couldn’t return to their home, which remained uninhabitable. Years have passed without the HOA taking any meaningful steps to repair the slope, leaving the Currys to continue living in a rental.
When an HOA’s negligence threatens your property and way of life, you don’t have to face this alone.
Thorsnes Bartolotta McGuire is dedicated to upholding the property rights of innocent homeowners. Contact us today online or by calling (619) 236-9363 to explore your legal options.
The Currys Take a Stand Against HOA Mismanagement
Feeling lost and distraught, the Currys sought help from Thorsnes Bartolotta McGuire. Appalled by how the HOA turned its back on the Currys in their time of need, property rights attorneys Vince Bartolotta and Karen Frostrom stepped in to get them the justice they deserved after what they were made to endure.
Our firm argued that the Hillside Patio Homes Association was negligent in maintaining the slope, despite being aware of the dangers and defects. The HOA’s lack of action caused the Currys to lose their home and suffer significant financial hardships and emotional distress.
The case went to trial in San Diego County Superior Court. The jury found in favor of the Currys and awarded the family $2.6 million in damages.
This substantial award reflects not only the loss of the Currys’ property but also the pain and disruption they endured over three years.
Thorsnes Bartolotta McGuire Fights for Homeowners
This case serves as a reminder of the devastating effects a negligent HOA can have. For homeowners, it highlights the importance of knowing your rights and holding your HOA accountable.
Thorsnes Bartolotta McGuire has over four decades of experience upholding the rights of those wrongfully harmed by the negligence of others. This $2.6 million victory for the Currys will join the $2 billion in settlements and verdicts we have won on behalf of our clients.
If you’re facing a similar situation, don’t hesitate to reach out for legal help. As the Currys’ case shows, justice can prevail in the face of overwhelming obstacles. Reach out to Thorsnes Bartolotta McGuire today online or call (619) 236-9363 to learn how we can support you during the most challenging times in your life.