2016 Legislation – AB 1963 – Construction Defect Claim Conditions

Existing law, the Davis-Stirling Common Interest Development Act, requires, until July 1, 2017, specified conditions to be met before an association may file a complaint for damages against a builder, […]

Perspectives from a Building Inspector

Published in the ECHO Journal, August 2008 HOA Construction Issues In thirty years as a general contractor, a project manager and a construction manager, I have had my share of […]

The Right to a Jury Trial in Disputes with Developers

Published in the ECHO Journal, January 2009 A person’s right to have his or her dispute decided by a jury is fundamental, and our state Supreme Court has said so […]

The Disappearing Developer

Published in the ECHO Journal, June 2009 In today’s economy, many builders are leaving unbuilt or partially-built homes, consequently causing hardships for associations. Imagine a community of 450 lots with […]

When Do Statutes Of Limitation Begin To Run On Construction Claims?

Published in the ECHO Journal, August 2009 A Developer Lays A Trap For The Unwary Statutes of Limitation are intended to protect defendants from stale claims. They are also traps […]

When Your CC&Rs Hate You

Published in the ECHO Journal, November 2009 How Developer Protections in Governing Documents Work to Block Association Defect Claims By now, most readers are probably aware of the basic protections […]

Reaching the Pinnacle: California Supreme Court Rules That CC&R Arbitration Provisions Are Enforceable Against HOAs

Published in the ECHO Journal, November 2012 This is the first in a two-part series on the Pinnacle case. In this first part, attorney Matt J. Malone describes the nature […]

Binding Arbitration vs. Jury Trial after Pinnacle

Published in the ECHO Journal, December 2012 Is there a Clear Preference for Community Association Construction Cases? This is the second article in a two-part series on the Pinnacle case. […]

§6000 – Complaint Prerequisites

Before an association files a complaint for damages against a builder, developer, or general contractor (respondent) of a common interest development based upon a claim for defects in the design […]

§1375 – Design or Construction Defects; Prefiling Procedure [Operative Until July 1, 2017]

Before an association files a complaint for damages against a builder, developer, or general contractor (“respondent”) oaf common interest development based upon a claim for defects in the design or […]