A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set forth the requirements for an HOA to bring forth a construction defect action against a builder or developer including a series of pre-litigation procedures aimed at attempting to resolve the matter prior to formal litigation. The Calderon Act required dispute resolution before a common interest development with 20 or more units can sue a developer for construction defects. Read the article……………….
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