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Mar 13, 2026
Like any other building or community, HOAs can suffer from construction defects due to improper construction or building design. HOA construction defect claims against developers in California involve a variety of property and HOA representation laws, making them difficult to navigate without legal guidance. By learning about HOA construction defects and the legal process of these claims, you can take logical steps towards resolving a defect.
An Overview of Common Interest Developments and HOA Laws
In Common Interest Developments (CIDs), residents maintain ownership over their property, but share ownership of community areas, responsibilities, and amenities. They are governed by a Homeowners Association (HOA) that enforces community rules and maintains common areas. About 14.07 million Californians have an HOA.
Many disputes can happen against an HOA. 57% of residents don’t like having an HOA. When it comes to construction defects, HOAs may also have disputes with developers or builders whose negligence led to a defect.
HOAs have strict rules on how to resolve disputes. The Davis-Sterling Common Interest Development Act standardizes various aspects of HOA operations, including how HOAs must handle disputes. Before pursuing litigation, they must first attempt internal dispute resolution (IDR) and alternative dispute resolution (ADR).
IDR and ADR emphasize collaboration, negotiation, and mediation to resolve a dispute without the court system. These methods can be effective while also avoiding the lengthy and expensive court process. If you hire a construction defect & HOA representation lawyer, they can help you navigate these alternative methods. If IDR or ADR have been unsuccessful, a lawyer can help an HOA pursue litigation.
Types of Construction Defects an HOA May Face
An HOA can pursue claims against a developer for construction defects that affect common areas, and sometimes cause damage in individual units. What common areas an HOA is responsible for maintaining depends on the community, but could involve lobbies, clubhouses, fitness centers, or pools.
Common types of construction defects impacting HOAs include:
- Structural defects. These defects compromise a building’s stability, such as faulty load-bearing beams, a cracked foundation, or cracked walls.
- Mechanical, electrical, and plumbing (MEP) defects. These defects can include leaking pipes, improper electrical wiring, defective sewer systems, or malfunctioning HVAC systems.
- Safety and building code defects. Building codes and other safety requirements are essential, though defects can happen, such as defective fire sprinklers, emergency exits, or emergency lighting systems.
- Water-related defects. Water intrusion for improperly installed roofs or windows, or poor drainage, can impact the rest of a structure, cause mold, or cause rot.
Some construction defects are easily identifiable and may even be noticed in building plans before construction begins. However, other defects become apparent over time, such as water drainage issues that eventually cause mold. Even if you did not notice a defect immediately, you may still be able to take legal action, so long as it is within 10 years of the developer’s work.
Why You Should Hire a Construction Defect & HOA Lawyer
A lawyer’s guidance and representation are invaluable, no matter what stage of a construction defect claim you are in. If you have just noticed the defect, a lawyer can help you draft and send written notices to prompt the developer to resolve the issue. If you are in negotiations with the developer, a lawyer can facilitate discussions, present evidence, and negotiate for the remedies you need. If ADR and IDR methods failed, a lawyer can represent you in a trial.
FAQs
What Damages Can an HOA Recover in a Construction Defect Claim Against a Developer?
HOAs can recover many types of damages in a construction defect claim. A recovery should cover all of the damages the construction defect left an HOA with, which varies depending on your case. It may involve having the developer repair the damage, financial compensation for the repair, financial compensation to cover damage the defect caused to other property, and the cost of investigations and evaluations that were used to investigate the defect.
Why Are Construction Defect Cases in a Condominium Legally Complex?
Construction defect cases in a condominium are legally complex because a defect can impact multiple residents. Since multiple units share foundational elements and infrastructure, one defect likely impacts many different units. A lawyer can help an HOA investigate the extent of a defect, can communicate and gather statements from impacted residents, and can pursue compensation to make up for the widespread damage a defect caused in a condominium.
What Legal Steps Must an HOA Follow Before Filing a Construction Defect Claim in California?
Because of California’s Right to Repair Act and the Davis-Sterling Act, several pre-litigation procedures must be used. This includes providing the developer with written notice of the defect, allowing time for the developer to inspect and repair the defect, and negotiating with the developer to reach a repair plan or settlement. A California construction defect & HOA representation lawyer can explain each step and advocate for you throughout the process.
How Can an Attorney Help an HOA Investigate and Prove Construction Defects in a California Community?
An attorney can gather and analyze evidence for a construction defect claim in a California community. Evidence could include construction plans, developer contracts, building inspections, statements from construction and inspector professionals, maintenance records, notices of the defect sent to the developer, and photographs of the defect. Evidence is used to prove what the defect is and who is at fault for the damage.
Learn How Engels-Janzen Can Help You Maintain a Safe Community
At Engels-Janzen, we have over 25 years of experience in construction and civil litigation, which helps us build strong claims against developers and builders. We understand that HOAs can be a powerful group that can help California residents have safe homes and communities.
To support HOAs during a construction defect claim, we provide personal attention to every aspect of your case, from the details of your community, specific challenges you are facing, and your future goals.
A construction defect claim may seem confusing, especially due to complex HOA representation laws. Contact Engels-Janzen for a free consultation to learn how a California construction defect & HOA representation attorney can make this process easier and help you secure the compensation you need.
