CLIENT SERVICES - SAMPLE OWNER SURVEY

The letter and questionnaire below are samples of confidential communications we have with our clients.

January ____, 20___

ATTORNEY-CLIENT

CONFIDENTIAL COMMUNICATION

Dear Homeowners,

Our firm has been retained by your homeowners association board to conduct a due diligence assessment of deficiencies in the common areas and major building components. The board of directors is taking these steps to protect and preserve your investment. Their responsibilities and duties to you, the association members, are important and they are consulting with independent consultants to assist.

California law allows an association to bring to the attention of the builder common area construction deficiencies and ask the builder to fix or pay to fix the problems. As part of this same process, we served the builder a formal notice under what is called SB 800, identifying those building performance standards that have been violated as verified by an independent architectural firm. When the builder responds, they have the right to inspect the existing conditions, and if they choose, make an offer to repair. The builder's response is due January ____, 20__.

In order to assist the board in this effort, we ask that each of you fill out and return the enclosed owner survey in the self-addressed, stamped envelope provided. If you have a tenant, please ask them to cooperate with you in filling this out. This will advance our efforts to identify building performance issues in and about your unit and collectively give us substantial additional data to share with our experts. It is therefore, extremely important that you take the time to provide this information to us no later than January _____, 20__.

This letter and its enclosures are strictly confidential and are protected by the attorney client privilege. Do not waive this privilege by disclosing its contents to the developer, converter, general contractor, or of their representatives. Please refer any and all calls or contacts from the developer directly to our office, including any written communications.

Once this information is received and analyzed, we will provide all owners with a summary of these survey results and will set up a meeting with all of the owners to discuss our findings and options.

Thank you for your cooperation. I truly look forward to receiving your homeowner survey responses.

Very Truly Yours,

THE MILLER LAW FIRM

Thomas E. Miller

CONFIDENTIAL HOMEONWER SURVEY

Protected from Disclosure Pursuant to California Evidence Code Section 1119, et seq.

PLEASE INSPECT YOUR HOME CAREFULLY BEFORE RESPONDING. CLEAR PRESENTATION OF OUR CLAIMS DEPENDS ON ACCURATE RESPONSES

Please take the time to review the questions below, make a visual inspection of the inside and outside of your unit, and complete the confidential questionnaire promptly and with as much detailed information as you can. If you have pictures of the problems you describe or invoices regarding clean-up or repair work, please provide copies of such documentation.

Owner: _________________________________________________________________________________

Address:________________________________________________________________________________

Telephone:

Home: ____________________ Work: ________

Fax:______________________ Email: ________

Occupant: _______________________________________________________________________________

Address:________________________________________________________________________________

Telephone:
Home: ___________________ Work: ________

Fax:_____________________ Email: ________

BACKGROUND YES NO

(a) Are you the owner of the home? ______ ______

(b) Did you purchase the home from the developer? ______ ______

(d) How long have you occupied the home? _________________________________________________

HOME REPAIRS

(a) Have you had any repairs to your home or have you hired a contractor or repair person do so?
                                                                                YES                                NO

                                                                              ______                           ______

If so, please describe the type of repairs made and when they were made. Please also forward all documents and photographs related to the repair work to this office.

________________________________________________________________________________________

(b) Have you contacted the developer or its agent concerning any problems with the home?
                                                                                YES                                NO

                                                                              ______                           ______

If so, please describe the type of repairs made, if any, and when they were made. Please also forward all documents and photographs related to the repair work to this office.

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

WALLS-INTERIOR	YES	NO	N/A	LOCATION
1. Leaks?
2. Dampness or Stains?
3. Mold, mildew, or powdery substance on walls?
4. Cracks, bulges or unevenness?
5. Drafts through wall vents?
6. Other:

FIREPLACE	YES	NO	N/A	LOCATION
1. Leaks?
2. Dampness or Stains?
3. Cracks?
4. Separation from Walls?
5. Other:

WINDOWS	YES	NO	N/A	LOCATION
1. Water Leaks?
2. Stains or dampness around windows?
3. Mold, mildew, or powdery substance around windows?
4. Cracking, breaking, or deterioration around frame?
5. Sticking frame?
6. Warping of frame?
7. Frame out of alignment?
8. Problems with hardware? (Does the window lock, latch properly, or does the window stay open?)
9. Gaps between stucco and window frames?
10. Spotting, staining, or pitting windowpanes?
11. Fogging between glass in double-paned windows
12. Loose, broken, or missing weather stripping?
13. Other:

SLABS/FLOORS	YES	NO	N/A	LOCATION
1. Squeaky areas in flooring?
2. Cracks?
3. Entry of pests through cracks?
4. Unevenness, ridges, or depressions?
5. Shaking, spongy, or bouncy flooring?
6. Wet or damp carpet?
7. Discoloration of flooring?
8. Vinyl floor peeling at joints or edges?
9. Cracked floor tile?
10. Odors from below the floor?
11. Other:

DOORS	YES	NO	N/A	LOCATION
1. Sticking?
2. Warping/out of alignment?
3. Problems with the hardware? (Does the door lock, latch properly?)
4. Separation from Walls?
5. Deterioration or delamination?
6. Water entry at door sill?
7. Loose, broken, or missing weather stripping?
8. Other:

CEILINGS	YES	NO	N/A	LOCATION
1. Water Leaks?
2. Dampness or Stains?
3. Mold or mildew?
4. Cracks?
5. Deterioration of acoustical spray?
6. Unevenness, bulges, or bows?
7. Other:

ELECTRICAL	YES	NO	N/A	LOCATION
1. Non-functioning circuits, plugs, or switches?
2. Lights or other electrical devices dimming, blinking, or flickering?
3. Faulty fixtures?
4. Shocks when operating?
5. Power surges?
6. Is exterior lighting in the common areas near your home inadequate?
7. Lights go dim for a long period of time when the air conditioner, oven, microwave, dryer, refrigerator, oven, microwave, dryer, refrigerator, or other appliance is turned on?
8. Replacement of light bulbs over relatively short period of time?
9. Recessed fixtures that "cycle" on and off?
10. Bath, kitchen, outside or garage outlets that don't function, especially after a rain?
11. Mold, mildew, or water stains by outside light fixtures or at wall spaces in unit behind these fixtures?
12. Trips or falls in dark common areas?
13. Buzzing or cracking noises in walls, especially near outlets and electrical panels?
14. Nuisance tripping of circuit breakers or main breaker at meter location?
15. Confusion regarding which circuit breaker in the unit panel controls what light, plugs, or appliances?
16. Repairs or replacement of any equipment, fuses, or circuit breakers?
17: Other:

HEATING, AIR CONDITIONING, VENTILATION	YES	NO	N/A	LOCATION
1. Noisy heating/air system?
2. Inadequate heating?
3. Inadequate cooling?
4. Heating/air failures?
5. Inadequate kitchen exhaust ventilation?
6. Other:

PLUMBING	YES	NO	N/A	LOCATION
1. Plumbing breaks?
2. Dripping pipes?
3. Pipes rattling, vibrating, knocking, or hammering?
4. Looseness in any faucet tub/shower fixture?
5. Backwash or clogging of tub, sink, or toilet?
6. Odor from sinks, or tubs?
7. Faulty fixtures of valves?
8. Lack of hot water?
9. Inadequate water pressure?
10. Excessive water pressure?
11. Sudden water temperature changes?
12. Rusted, pitted, or cracked faucets or fixtures?
13. Leaks at tub/shower enclosure?
14. Cracks or discoloration of ceramic tile tub enclosure?
15. Loose, leaky, or cracked toilets?
Other:

WALLS-EXTERIOR	YES	NO	N/A	LOCATION
1. Stains or dampness?
2. Mold, mildew, or powdery substance?
3. Cracks around windows or doors?
4. Cracks in stucco?
5. Cracks or gaps around aluminum canopies?
6. Other:

GARAGE/UTILITY CABINETS	YES	NO	N/A	LOCATION
1. Stains on ceiling or walls?
2. Dampness, mold, mildew, or powdery substance?
3. Water seeping through the walls?
4. Water dripping through ceiling?
5. Wetness or ponding on the floor?
6. Water entering under the doors?
7. Other:

FIRE SPRINKLERS	YES	NO	N/A	LOCATION
1. Leaks?
2. Corrosion?
3. Problems operating the system?
4. Other:

BALCONIES/PATIO DECKS	YES	NO	N/A	LOCATION
1. Rust on railings?
2. Staining on deck surface?
3. Drains plug up?
4. Water ponds on deck surface?
5. Gaps in stucco at corner of railings?
6. Other:

ADDITIONAL COMMENTS

Please provide any other information or observation you have concerning any existing or potential construction concerns or deficiencies either below, or attach a separate sheet.

________________________________________________________________________________________

________________________________________________________________________________________