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Q.What can an individual homeowner do about construction defects?
A.When a homeowner discovers a construction defect in a portion of the common areas required to be by the homeowners association (HOA), the homeowner should report the problem to the management company and/or an HOA officer or director. The HOA is required to repair the damage, regardless of whether the developer is ultimately responsible. In such instances, the HOA should consult an attorney as soon as the defect is brought to light. Failing to act quickly can result in the inability to collect against the developer. The law contains extensive requirements and procedures for construction defect dispute resolution.
When a homeowner discovers a construction defect in a portion of the property which the homeowner is personally obligated to maintain, the homeowner must repair the damage under the governing documents. The repair obligation exists regardless of whether the developer is ultimately responsible, or whether a previous homeowner or real estate agent violated disclosure laws. If the homeowner fails to repair, the HOA may do so and assess the costs against the homeowner. The homeowner may be entitled to recover his/her repair costs from the developer, a previous owner, or a real estate agent, and should consult an attorney.
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