Having Trouble With Your HOA Not Working on Your Complaints?
Condo and townhome living certainly has it perks. Dealing with the homeowner association isn’t usually one of them. Many property owners and residents often have complaints about the way the board of Directors treats its members who do not hold positions on the board.
This can leave homeowners who live in associations feeling helpless when it comes to trying to get anything done as it can seem like an endless battle against the very board put in place to help them. Fortunately, there are many attorneys in San Diego who can help them resolve their disputes. In the San Diego, California area, one of the best is Mr. Bill Naumann, who has successfully handled and negotiated numerous cases involving disputes between homeowners and their respective HOA’s.
One of the most common types of disputes that homeowners associations face is disagreements with the association board regarding the maintenance and repairs of their common areas. This type of legal argument can involve various charges such as damages, assessments, and fines.
Here at Naumann Law Firm, we have the experience to help mediate and negotiate these matters with your HOA. We help remind them that it is their legal responsibility to carry out the following duties.
Duty to Repair and Maintain: In the case of common areas, the association is responsible for their maintenance and repairs. Boards should also seek records from the developer after the developer has given up control of the association.
Duties Regarding Defects: After investigating the possible defects in the building, boards should decide whether they should pursue legal action against the developer. This can be done through the prelitigation procedures established by the Davis-Stirling Act.
Duty to Disclose: The association is required to disclose a number of things to its members regarding defects, including damage resulting from the defects. Some of the disclosure requirements required by Civil Code §6100:
- A general description of the defects that the association reasonably believes, as of the date of the disclosure, will be corrected or replaced.
- A good faith estimate, as of the date of the disclosure, of when the association believes that the defects identified in paragraph (1) will be corrected or replaced. The association may state that the estimate may be modified.
- The status of the claims for defects in the design or construction of the common interest development that were not identified in paragraph (1) whether expressed in a preliminary list of defects sent to each member of the association or otherwise claimed and disclosed to the members of the association.
Still Have Questions?
The Naumann Law Firm represents homeowners associations, high/mid-rise condominium associations, single and multifamily residential property owners and commercial property owners in construction defect litigation. The Naumann Law Firm has over 35 years of experience handling significant construction cases with complex issues. Call us to set up your consultation.
If you have any questions regarding emergency repairs during the construction defect litigation process or about construction defect litigation in general, contact us at 844-492-7474 or visit our San Diego construction defect contact page.