HOA Defect Duties
Adams Stirling PLC
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DUTIES REGARDING DEFECTS

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 prelitigation 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 §6100:

  1. A general description of the defects that the association reasonably believes, as of the date of the disclosure, will be corrected or replaced.

  2. A good faith estimate, as of the date of the disclosure, of when the association believes that the defects identified in paragraph (1) will be corrected or replaced. The association may state that the estimate may be modified.

  3. The status of the claims for defects in the design or construction of the common interest development that were not identified in paragraph (1) whether expressed in a preliminary list of defects sent to each member of the association or otherwise claimed and disclosed to the members of the association.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC