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ASSOCIATION'S 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 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 include:
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.
Updated 8/9/2008 | |
