When HOAs face building issues, a key question often comes up: Are these problems due to normal settling and wear and tear, or are they construction defects? Normal settling and wear refer to expected damage over time. Construction defects are flaws in design, materials or workmanship that compromise the building’s integrity or functionality.
This difference is critical in potential disputes as it decides who is responsible, affects repair costs and shapes legal strategies for seeking remediation from developers or contractors.
What are common examples of construction defects?
Construction defects can show up in many ways in homes and neighborhoods. Some issues might be hard to spot, while others can really hurt a property’s worth and safety. Here are some common ones:
- Cracks in the foundation or uneven settling
- Leaky roofs or poorly installed roofing
- Plumbing problems, like leaks or weak water flow
- Poor water drainage leading to dampness inside
- Badly fitted windows or doors
It’s important for HOAs and homeowners to spot these issues early since they can lead to more damage and higher repair costs. Documenting these problems right away is critical. This helps show when the issues first appeared, which matters when figuring out if it’s a building flaw or just normal wear and tear. It can also support any negotiations with builders or contractors, as well as serve as evidence if the case goes to court.
What steps can a HOA take?
When faced with potential construction defects, it is advisable to:
- Bring in professionals who can identify issues that might not be obvious to the untrained eye and provide detailed reports on the condition of the building
- Stay up-to-date with local regulations and industry standards, which can help HOAs identify violations and strengthen their position if issues arise
- Ensure proper maintenance and maintain detailed maintenance logs, since it can show that the HOA has been properly caring for the property and provide more documentation
If HOAs find legitimate construction defects, they can file claims against responsible parties. In Connecticut, it typically takes six years from when the right of action accrues for contract-based claims or seven years for claims against certain professionals. HOAs should act promptly, as timeframes often start when they discover or should have discovered the defects.
Protect your community’s interests
Construction defects can jeopardize resident safety and long-term property worth. Reach out for legal advice today to protect your community’s well-being and value.