How long can we wait before pursuing our association’s construction defect claim?
You have at the outside, 10 years within which the claim must be brought. There is however a shorter statute of limitation that’s 4 years and it runs from the date on which you either knew or should have known of a defect. One of the problems with homeowners associations and condominium associations is that there’s a lot of turnover on the board and turnover with the management company and so there may be facts that were developed and show up in your minutes that you don’t know about.
If you’re aware of a potential construction defect claim, you should move immediately to consult with experienced construction defect council and find out whether or not you need to file a claim immediately or whether or not you have some more time.