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- HOA RESPONSE
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| Determine Substantial Completion
Date of Project re Statutes of Repose |
Check available records |
Immediately upon notice of defects |
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| Obtain Opinion on Type and
Extent of Damages |
Consult Attorney/Specialist in construction
defects |
Prior to sending notice to contractor
of defects |
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| Send Written Notice of
Construction
Defect Claim |
Prepare and send written notice to builder/include
expert opinion |
Prior to the running of any applicable
statute of limitation or repose |
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| HOA Board Makes Site Available
for Testing and inspections |
Complete testing and inspections |
Within 95 days after Contractor receives
notice |
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| Contractor May Make Written
Offer of Settlement |
Determine whether offer complies |
Within 105 days after Contractor receives
notice/ HOA must respond within 25 days of receipt |
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| Settlement Offer Made |
Present offer to association members |
Within 25 days of receipt from the
builder |
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| Settlement Offer Rejected |
Choose Mediator |
Immediately upon receipt of offer |
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| Mediator Not Agreed Upon
Within 45 days |
Petition for appointment of mediator |
After 45 days from HOA's first selection
of mediator |
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| Mediation |
Prepare for and attend mediation |
Within 60 days after matter submitted
to mediator |
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| Lawsuit |
Decide whether to petition court for
appointment of special master |
Within 30 days after completion of mediation
if statute of limitations/reposeis an issue |
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