Breanne M. DeRaps is an associate in the Firm’s Community Association Practice Group. Ms. DeRaps concentrates her practice in the representation of condominiums and homeowners associations, and advises community association boards and property managers on matters including the associations’ daily operations, drafting of contracts, the creation and enforcement of rules and regulations, alternate dispute resolution (“ADR”), developer transition, fair housing compliance and litigation arising from construction defects, contractor service agreements, delinquent assessments and common charge recovery, governance and the fiduciary duties of board members.
In 2015 Ms. DeRaps assisted AGA partner Mark Wiechnik in successfully arguing before the Appellate Division of the Superior Court of New Jersey in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC that unintended and unexpected consequential damages caused by a subcontractor’s defective work constitute both “property damage” and an “occurrence” under a standard commercial general liability policy.
The insurers for Adria Towers appealed that decision, and in August 2016, the New Jersey Supreme Court delivered a unanimous decision affirming the Appellate Division ruling. Cypress Point marked a significant change with respect to the insurance coverage potentially owed for construction defect claims in New Jersey, substantially strengthening home owners association’s position when they seek redress for damage related to shoddy work during construction.
Ms. DeRaps received her B.A., Magna Cum Laude, from the University of South Florida and her J.D. from Rutgers School of Law.