HOAleader.com - Tip of the Week - December 11, 2009
Published: Fri, 12/11/09
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HOA Construction Defects: Don't Shoot Yourself in the Foot
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You face a dilemma when your owners encounter problems that might
be the tip of a construction defect iceberg. How can you complete
necessary repairs quickly while still preserving any claims you
may have against your developer? This week's tip explores that
difficult problem.
You'll need to hire a consultant to investigate the damage, and
Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Edina,
Minn., who represents associations, recommends that you be
exceptionally choosy in finding the right one. "If a consultant
is experienced in construction defects, he'll understand that he
and the association should take pains not to destroy any evidence
of the defect," Matt explained.
"Some people try to rely on a standard home inspector you'd use
when you're purchasing a home. I'd question that because home
inspectors are generalists, and they're not trained to perform
invasive investigations. In addition, their agreements are often
full of disclaimers. On their face, inspectors often state that
they're not going to perform any inspection that requires them
to move objects or find hidden problems."
The key is preserving evidence so that you can pursue a claim
against your developer if warranted. "Don't fix problems right
away without providing some notice to the developer and
contractors that preformed the work," advises Matt.
"Even if it's an absolute emergency, providing 24 or 48 hours
notice can save you a lot of headache down the road." Without
notice, the developer or contractor may claim that you failed to
preserve the evidence, leaving them unable to investigate the
problem and perhaps easily fix the problem themselves.
Matt also says taking photos of the damage isn't enough and that
you need to understand that there are deadlines for notifying
your developer of potential claims and filing any lawsuit.
To read more about what you should know about construction
defects, see our just-posted article:
http://www.hoaleader.com/members/372.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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What Your HOA Must Know About Construction Defects
If your condo, townhome, or homeowners association has uncovered
repair problems that may indicate there are construction defects
in your community, you need to know the basics of pursuing a
claim against your developer. Here's a summary.
Click here to read full article:
< http://www.hoaleader.com/members/372.cfm >
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What Financial Information Must Your Association Disclose to
Prospective Homeowners?
One of your members has put her unit up for sale. She gets an
offer and accepts it. You then get a request for all kinds of
home owners association records from the buyer. What's your
response? What must your association provide when prospective
homeowners ask for your association's governing documents? What
about your financial documents and minutes? What if the buyer
asks the number of delinquent owners and the amount of the
delinquencies? The answer to those questions depends on your
state's law and your internal practices. Some states have rules
requiring associations to provide extensive detail to potential
buyers. Others are silent on the issue. Here's an overview.
Click here to read full article:
< http://www.hoaleader.com/members/370.cfm >
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Discussion Forum Follow-Up: Is a President's Vote-tossing Proper,
and Other Election Shenanigans
If there are two board positions open for election, must owners
vote for two people for their ballot to be counted?
Click here to read full article:
< http://www.hoaleader.com/members/369.cfm >
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HOA Maintenance: Know Your Options When Owners Won't Maintain
One of the owners in your HOA has overgrown grass, along with
junk in the yard. You've fined him, but he still does nothing to
clean his eyesore of a property. What are your homeowners
association's options? Do your governing documents allow you to
enter the property and do maintenance? If so, what must you know
before you avail yourself of that authority? Here are your
answers.
Click here to read full article:
< http://www.hoaleader.com/members/366.cfm >
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HOA Voting: Everything You Need to Know About Proxies
What's a proxy? Who can assign it and when? Who can it be
assigned to? Can your association implement any limits on the use
of proxies? Here, our expert contributors answer your questions.
Click here to read full article:
< http://www.hoaleader.com/members/365.cfm >
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