Checklist If Your Association is Involved In or Contemplating Construction Defect Claim

By Thomas E. Miller, Esq.
The Miller Law Firm
Spring 1999

1. Ask your homeowner association board of directors or property management company if the Association's attorneys provide a current Real Estate Disclosure Statement.
2. Obtain a copy of the Summons and Complaint, if a Disclosure Statement is not provided or is not current.
3. Ask your property management company if the homeowners association has filed a Notice of Claim against the developer and, if so, get a copy of the Preliminary Defect List for the development. (Required under Civil Code §1375 effective 1 -1 98.)
4. Pay special attention when completing the Seller's Standard Real Estate Disclosure Statement. Err on the side of over-disclosure.
5. Hire an independent home inspection during escrow from an insured inspection company with liability or errors and omissions coverage.
6. Ask your immediate neighbors if they are having any problems.
7. Find out if the Board is planning on filing a claim/lawsuit relating to construction defects any time soon. Get copies of any board correspondence to developer.

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