Duty to Repair and Maintain. Unless otherwise provided for in the CC&Rs, associations are responsible for repairing, replacing, or maintaining the common areas. To that end, boards should obtain records from the developer as soon as possible after the developer relinquishes control of the association.

Duties Regarding Defects. Boards should investigate potential construction defects and then make a business decision about claims the association may have against the developer. If the board decides to pursue claims against the developer, it must follow pre-litigation procedures found in the Davis-Stirling Act.

Duty to Disclose. The association is required to disclose a number of things to its members regarding defects, including damage resulting from the defects. Some of the disclosure requirements required by Civil Code §1375.1

        a.  Association has entered into settlement agreement with builder.

        b.  Description of defects which will be corrected or replaced.

        c.  Estimate of when the defects will be corrected or replaced.

        d.  Defects which will not be corrected or replaced.

If an association believes it has construction defects, it should contact legal counsel.