Homeowner, Board Member Record Keeping Is Critical for Construction Defect Cases
By: The Naumann Law Firm
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Homeowner, Board Member Record Keeping Is Critical for Construction Defect Cases
Our team wanted to share with you why it is so important to perform record keeping when purchasing a home. This applies to Board Members and Property Managers. If you happen to find yourself in a situation where you have construction defects and have contacted our office, having the proper documentation is critical in getting a case moving quickly. It will give us and our experts a much better picture of what happened to the home or community in the past.
Buying a home is one of, if not, the biggest decision people will make in their lives. It is both exciting and overwhelming. You will get hundreds of documents from, brokers, contractors, bankers, developers, etc. You may just want to throw them away, don’t! Whether you scan them into a computer or pack it all away in a binder, KEEP RECORDS OF ALL YOUR CLOSING DOCUMENTS.
These same principals apply to HOA Board Members and Property Managers, ask the developer for copies of all documents related to development the project. Keep a file of all the documents when the board is turned over from the developer. Additionally, keep all email communication. Create a folder in your email client and save everything!
Always ask for the original plans, or a copy of the plans. We often have a lengthy battle with developers to produce plans and/or other documents. However, if you already have them in your possession, it’s a huge victory.
When purchasing your home, ask to go through the warranty and specify dates of coverage. Find out who the window manufacturer is, brand of water heater, where the floor tiles came from, etc. For Board Members and Property Managers, make sure documentation is clear as to what areas of the community are owned by the HOA and what are not. Make sure all maintenance responsibilities are clearly defined.
In the future, if repairs need to be made and they are not covered under your warranty or by the developer, keep records of all invoices and be sure to take videos and photos of said defects. It is best if there is evidence of the defect before it is repaired. Have the repair person take detailed notes, what they saw, how they fixed it, and what happened initially to cause the issue.
Being prepared ahead of time with record keeping will help save time and keep down costs. With more documentation, you put yourself in a strong position when entering a construction defect case.
If you want more clarification on what building/construction documents you should keep, how to do record keeping properly or to learn more about this topic, click our construction defect litigation page.
If you’re a property manager, homeowner or homeowner association board member seeking representation in construction defect litigation, our team at The Naumann Law Firm in San Diego can help. We have more than 38 years of experience handling significant construction cases with complex issues. Call us to set up a consultation.
To contact us, call 844-492-7474 or visit our San Diego construction defect contact page.