Homeowners’ associations (HOAs) maintain common areas such as pools, sidewalks, and community buildings. When construction defects arise in these shared spaces, they can lead to safety concerns and financial burdens. HOAs must fully understand their legal options when addressing defective construction.
Identifying defects and responsibility
Construction defects can range from poor workmanship to the use of substandard materials. Before taking legal action, the HOA must identify the issue and determine responsibility. Contractors may be liable for poor workmanship or faulty materials, while developers are accountable for failing to meet building standards. Architects may also face liability if design flaws lead to defects. HOAs often hire experts to inspect the defects and gather evidence to support claims.
Pursuing legal action
Washington law offers several options for HOAs addressing defective construction. HOAs can file claims under breach of contract, negligence, or warranties. Under RCW 64.34.445 of the Washington Condominium Act, developers and contractors must ensure that construction is free from defects and complies with applicable laws.
This statute provides implied warranties, guaranteeing that builders construct common areas in a workmanlike manner. If construction falls short, HOAs can pursue legal action to hold responsible parties accountable and secure compensation for necessary repairs.
The statute of limitations
HOAs must act quickly to avoid missing the statute of limitations. The statute typically allows HOAs three to six years from the time they discover or should have discovered the defect to file a claim. Acting within this window is important, as missing it can severely limit an HOA’s legal options.
Protecting your community
By understanding their legal rights and obligations, HOAs can navigate these complex situations and address defects in common areas effectively. Resolving these issues ensures the long-term integrity and safety of the community.