In Franklin v. Marie Antoinette Condominium Owners Assn. (1993) 19 Cal.App.4th 824, the court found an exculpatory clause in CC&Rs which provided that the association was not liable for damages to property in the project resulting from leaking water unless it was grossly negligent to be reasonable. The court reasoned: "by reducing the Association's risk of liability, the condominium owners have reduced their own risk. The condominium owners are, after all, the ones who are assessed to pay for improvements, insurance premiums, liability judgments not covered by insurance, and the like. . . . A reasonable and fair reduction of the Association's risk which mutually benefits the condominium owners as a whole does not suddenly become violative of public policy upon the nonnegligent infliction of property damage to an individual unit. While plaintiff may bear the loss in this case, she may benefit in the next." (Id. at p. 833.) The court held that a contractual exculpatory clause that did not mention negligence relieved a condominium association from liability for property damage caused by a plumbing leak. In that case, the trial court had specifically found that the association was not negligent. (Id. at p. 833.) The appellate court concluded that the "allocation of risk was reasonable and fair to the condominium owners as a whole" (ibid.) because the association was still statutorily required to maintain the common area and insurance coverage maintained by the association covered most of the loss. The situation in Franklin has little comparability to the present case, where Lopez suffered severe personal injury, and Olympic's liability is premised on negligence. The court in Franklin specifically did not decide "whether the release from negligence liability is valid." (Ibid.)