Video FAQ – California
Construction Defects
- Will my association recover enough money to repair all of the defects?
- Why are hidden defects potentially a serious problem?
- What kind of testing is required during a construction defect claim?
- What is due diligence?
- What is SB 800?
- What is a construction defect?
- What is a building code?
- What if the HOA does not want to pursue a SB 800 claim?
- What are some of the most common types of construction defects?
- What are building standards or functionality standards under SB 800?
- Under a contingent fee agreement for a construction defect claim, who advances all of the costs? The attorney or the association?
- The developer or builder offered to fix the defects if the association Board signs a waiver. What should we do?
- Is the HOA or individual homeowners responsible for pursuing a construction defect claim?
- Is it true that construction defect arbitration is cheaper and faster than a construction defect lawsuit?
- In a construction defect case, who pays a successful claimant’s attorney fees?
- If an association sues for construction defects, does this mean we will probably take the claim to trial?
- How long do construction defect cases take to resolve?
- How long can we wait before pursuing our association’s construction defect claim?
- How is a construction defect proved in court?
- How expensive is it to prosecute a construction defect claim?
- How do I recover for construction defects if the builder or developer is out of business, cannot be located, or is bankrupt?
- How do I prove that a construction defect exists?
- Can our HOA use reserve funds to make repairs instead of making an SB 800 claim against the builder?
- Can I sell or refinance my home during a construction defect litigation?
- Are there any time limits on filing a lawsuit for repairs in a construction defect case?
- Are lawsuits really necessary to resolve a construction defect claim?
- Am I required to make repairs while the construction defect lawsuit is pending? Can I recover these costs in the construction defect lawsuit?
General Counsel
- Why should an association adopt installation and maintenance rules for solar energy systems?
- Why should an association adopt common area assembly and non-commercial solicitation rules?
- When is the discharge order issued in a Chapter 13 case, and what is the effect of the discharge?
- When is the discharge order issued in a Chapter 7 case, and what is the effect of the discharge?
- When does the association need to file a claim in a Chapter 13 case?
- When does the association need to file a claim in a Chapter 7 case?
- When can the Board fill vacancies?
- What types of collection action by the association against a debtor-owner are prohibited while the automatic stay is in place?
- What laws apply to homeowner associations?
- What is the role of the property management company?
- What is the role of committees?
- What is the primary job of the Board of Directors?
- What is due diligence?
- When does the automatic stay created by a bankruptcy filing terminate?
- What is quorum?
- What is homeowner’s forum?
- What is fiduciary duty?
- What goes on an Agenda?
- What documents comprise an association’s “governing documents”?
- What are the different types of bankruptcy that may be filed by owners with debts to an association?
- What are some general tips for HOA Board members?
- What are recommended strategies for associations when bankruptcy is threatened or filed by an owner?
- How should Board members express their opinions about association matters?
- How should Board members communicate with homeowners about association matters?
- How should Board members communicate with each other?
- How much notice is required before the Board can meet?
- Do office positions matter?
- Do homeowners have to be allowed to speak at meetings?
- Can anyone add an item to an Agenda?
- Can a quorum of the Board vote to remove a fellow Board member?
- Can a Board discuss anything in Executive Session?
- Are associations required to have election rules if their bylaws already address elections?