SB 800 STATUTE SUMMARY & ENTIRE STATUTE
Construction defect actions involving the sale of new residential units or common areas of associations sold on or after January 1, 2003 are subject to the following statutes:
TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS
SB 800 CALIFORNIA CIVIL CODE 895-945.5 STATUTE SUMMARY
The summary below provides a quick glance of important SB 800 definitions for every home, condo, or common areas built on or after January 1, 2004:
Close of Escrow-Section 895(e)
With respect to an association, "close of escrow" means the date of substantial completion or the date the builder relinquished control over the association's ability to decide whether to initiate a claim under this title, whichever is later.
Builder Defined-Section 896
"Builder" means a builder, developer, or original seller and applies to the sale of new residential on or after January 1, 2004. California Civil Code Sec. 911, 938. Not to a converter or to the manufacturer of a product located within the home.
Notice Requirements-Section 910
Prior to filing an action, the claimant shall initiate the following prelitigation procedures:
- Written notice of the claim
- Reasonable detail of the nature and location of the defects
- If an HOA, may identify residences
- If seeking redress through customer service under a warranty, this does not satisfy the requirements of this section.
Proof Required-Section 942
To make a claim, the HOA only needs to show that the home does not meet the applicable building standards. No further proof of damage or causation is required.
- Cost of repairing any violation of the standards
- Cost of removing and replacing any improper repair by the builder
- Relocation and storage expenses
- Lost business income if the home was a place of business
- Reasonable investigative costs for each established violation
- All other costs and fees recoverable by contract or statute