Video FAQ:

Does an association need an attorney to make a construction defect claim against a developer or contractor?

There’s no technical requirement that an Association use an attorney to make the claim. However, board members have a fiduciary duty to protect the interests of the homeowners and, unless there happens to be a board member with a lot of experience handling these kinds of claims, they’re really going to need to look to an expert to assist them in pursuing the claim, and that means that, yes, they’re going to have to contact an attorney. Again, they should contact an attorney with a lot of experience handling construction defect claims.