Checklist If Your Association is Involved In or Contemplating Construction Defect Claim
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- Ask your homeowner association board of directors or property management company if the Association's attorneys provide a current Real Estate Disclosure Statement.
- Obtain a copy of the Summons and Complaint, if a Disclosure Statement is not provided or is not current.
- 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.)
- Pay special attention when completing the Seller's Standard Real Estate Disclosure Statement. Err on the side of over-disclosure.
- Hire an independent home inspection during escrow from an insured inspection company with liability or errors and omissions coverage.
- Ask your immediate neighbors if they are having any problems.
- 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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