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?