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Berding | Weil Community Association ALERT Newsletter
Legal News and Comments for Community Association Boards and Managers Issue #74 • July 2011
Homeowner Association
Document Review and
Defect Investigation
The directors of many newer associations have concerns about the condition of their project and specifically want to know what responsibility they have to investigate suspected problems and whether they have claims which might expire.
Berding|Weil will do a quick, no-cost investigation of potential construction claims using acknowledged experts in their field. We will research and review necessary documents and advise the board of statutes of limitation that might interfere with their potential recovery.
  1. Meet with the board of directors and discuss information already known about potential construction problems.
  2. Review the association's governing documents and maintenance manuals to identify the association's repair responsibilities; dispute resolution requirements; and possible triggers for statutes of limitation.
  3. Review the association's key maintenance and repair records for indications of abnormal construction issues.
  4. Prepare a questionnaire to the individual owners if necessary to accumulate further information on suspected construction problems.
  5. Retain an expert — architects or engineers — appropriate for the problems indicated by our discussions with the board and the members and our review of the documents, and coordinate a preliminary inspection by one of these experts.
  6. Meet a second time with the board and the expert(s) to discuss the findings of our review and the expert opinion on potential problems. Provide the board with our recommendation of the best approach for resolution of the problem with the builder and to protect the association from the expiration of claims. If claims are identified, we will also:
  7. Prepare and send the necessary notice under the California Civil Code to suspend statutes of limitation on claims that might otherwise expire.
BERDING|WEIL will undertake this investigation, retention of experts and review without cost to the association. Depending upon the amount and availibility of the material necessary for the review, these investigations can usually be completed in three to four weeks from the time of the first meeting with the board.
If we can help your association, email complimentary@berding-weil.com or contact any of the following Berding|Weil partners: Tyler Berding, Randy Paul, Dan Rottinghaus, Scott Barton, or Paul Windust at 925-838-2090, or Allison Andersen in Sacramento at 916-712-0729, and we will schedule a meeting with your board of directors.
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