Construction Defect Litigation: Single Family Home Case v. an HOA Case

Construction Defect Litigation: Single Family Home Case v. an HOA Case

Construction defect litigation is handled differently depending on whether the case involves single-family homes or a homeowner’s association (HOA). With single family home cases, each homeowner that joins the case is individually named in the claim. Typically, the Courts require a separate defect list and cost of repair for each house. Each homeowner has “standing” to recover for defects in his/her home but not for any common area in the project. In a HOA case, the association can recover damages for:  1) damage to common area; 2) damage to a separate interest that the association is obligated to maintain; and 3) damage to separate property that arises out of, or is integrally related to, damage to common area or separate property that the association is obligated to maintain or repair (See Civil Code Section 5980).

A typical HOA condominium case could involve defects such as stucco cracks, window leaks, roads, sidewalks, parking structures, and/or clubhouses. The Covenants, Conditions, & Restrictions (CC&Rs) will determine who has “standing” to bring the claim; either the association or the unit owner. Generally, CC&Rs set forth who has maintenance responsibilities for which components. Our law firm has reviewed hundreds of CC&Rs and is well versed in examining and understanding these often extensive documents.

In California, for projects sold by the builder after January 1, 2003, community associations can pursue claims for failure of the builder to comply with a list of “functionality standards” adopted by the California Legislature. They may also pursue claims for breach of contract, fraud, and statutory violations.

If you’re a community association or homeowner seeking representation in construction defect litigation, our team at Naumann Law Firm in San Diego can help. We are happy to answer any questions you may have regarding how the litigation process works.

We have more than 35 years of experience handling significant construction defect cases. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page. We also work with clients in Los Angeles, Orange County, Riverside, San Bernardino.

To learn more about construction defects, click our construction defect litigation page. If you have any questions about or are unsure how to proceed, please contact us today for a free consultation with one of our construction defect attorneys.