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CONDO TRACT OWNERS WIN SMALL ROUND.


Byline: Sylvia L. Oliande Daily News Staff Writer

In what residents of the Le Parc condominium condominium

In modern property law, individual ownership of one dwelling unit within a multidwelling building. Unit owners have undivided ownership interest in the land and those portions of the building shared in common.
 complex are calling a little victory, a Ventura County judge ruled that a second homeowners association set up to represent them and to collect their dues is a legal entity.

Judge Henry J. Walsh also decided Thursday that a new judge should hear future motions in an ongoing battle over how to pay off a $6.7 million defamation defamation

In law, issuance of false statements about a person that injure his reputation or that deter others from associating with him. Libel and slander are the legal subcategories of defamation. Libel is defamation in print, pictures, or any other visual symbols.
 judgment owed to a construction contractor. At the association's request, he agreed that Judge John J. Hunter will be replaced in the case.

Sandra Pizzano, a member of the new Le Parc Community Association, said Hunter's removal gives the residents hope they will have a chance to prevail at future hearings.

``We feel that Judge Hunter had already made up his mind on a lot of things,'' she said.

Next will be a hearing to decide whether the new association should be made a party to the $6.7 million judgment against the old one in the defamation and breach of contract lawsuit filed by ZM Construction.

A court-appointed receiver has been taking fees paid to the old association to help pay off the judgment.

In an attempt to salvage salvage, in maritime law, the compensation that the owner must pay for having his vessel or cargo saved from peril, such as shipwreck, fire, or capture by an enemy. Salvage is awarded only when the party making the rescue was under no legal obligation to do so.  what they could of their fees, the homeowners fired the former association and selected a new group to run the complex.

The homeowners are hoping the next judge will consider the new association a separate entity and rule that the receiver cannot take money paid into its accounts.

``We just want to be able to live,'' Pizzano said. ``We want to be able to pay our electricity and pay our water. This is the first step toward, hopefully, gaining that ability.''

The contractor sued the original homeowners association after it stopped paying the company for work related to the Northridge Earthquake The Northridge earthquake occurred on January 17, 1994 at 4:31 AM Pacific Standard Time in the city of Los Angeles, California. The earthquake had a "strong" moment magnitude of 6. . At the time, the association maintained that the contractor was doing substandard substandard,
adj below an acceptable level of performance.
 work, but an arbitrator arbitrator n. one who conducts an arbitration, and serves as a judge who conducts a "mini-trial," somewhat less formally than a court trial. In most cases the arbitraror is an attorney, either alone or as part of a panel.  found that the association was wrong in withholding Withholding

Any tax that is taken directly out of an individual's wages or other income before he or she receives the funds.

Notes:
In other words, these funds are "withheld" from your wages.
 payment.
COPYRIGHT 1999 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:May 14, 1999
Words:331
Previous Article:DISTRICTING BILL BACKED BY ASSEMBLY; LAW WOULD PROMOTE KEEPING AREAS INTACT.
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