Construction Defects and Developer Disputes

Construction Defects Developer Disputes

Taking over a new community association from a developer is a risky thing. There is a lot to consider, and you can discover mistakes at any time – even after the developer turned over control of the community association.

Has your self-managed association discovered construction defectsin the community’s buildings? Is it possible something was missed, or something important forgotten? Did the developer of your community follow all the proper laws when it was in charge of your homeowners association?  Would you even know what all of those laws are?

Do you know what you are supposed to do and receive when the developer turns control of your association over to its members?  Community Association Law Group can help guide your community through the confusing situations surrounding construction defects and developer disputes. We will help you understand your rights and what you can do to protect your investment.

Turnover is the period when the control of a new community changes hands from the developer to a self-managed association, lead by its volunteer leaders and members. It can be a confusing time for community associations. Even with the best intentions, any self-managed association can find errors that lead to developer disputes. During turnover, it is best to have counsel on hand to oversee day-to-day operations and ongoing legal issues in order to prevent more serious issues.

This transition period is also the best time to evaluate the construction quality of the buildings, settle which items are and are not under warranty, and acclimate a new Board to the varied requirements of the documents, state statutes, administrative rules, and arbitration rules for members if needed.

The type of law group needed is one that has handled corporate meetings, governing documents, reviewing documents, but is also familiar and comfortable with homeowners association law. The Community Association Law Group has this experience, and we are here to help you.

We can help your self-managed association overcome construction defects and developer disputes by attending meetings, guiding you through the steps necessary to ensure that your community has obtained all of the documents and other materials the developer is obliged to provide at turnover, ensuring that deadlines are met, and so forth.

We also have years of experience dealing with construction defects.  If you discover your community is suffering from defective construction, remember: time is not on a community’s side.  The defects usually just get worse and cause other damage, and your legal rights may expire more quickly than you would imagine.  Whether the construction defects date back to the time of developer control or whether they are the result of bad work performed by a contractor, now is the time to take action and protect your properties and your investments.

If you have any questions or would like more information, please feel free to use the contact form at the bottom of this page or call us at 855-Ask-CALG (855-275-2254).


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