Fortunately, the bill also created Civil Code
Section 5986 which voids any provision in
developer-created CC&Rs that requires a vote
of the membership to initiate construction
defect litigation. The bill’s language also
prohibits restrictions on the board’s right
to obtain legal counsel or incur expenses
in pursuing construction defect claims. The
practical effect of that language is to disallow
developers from creating unnecessary hurdles
for an association to pursue construction
defect claims.
Garrett Wait is a senior
associate at Kriger Law
Firm, assisting clients
in general counsel and
litigation matters.
While the bill does not require the first
inspection to occur for another five years,
associations should prepare to complete the
required inspections well in advance. Naturally,
this will need to be a new line item in the
association’s budget. Boards and managers
should dedicate some time in 2020 to
understanding the anticipated cost of the visual
inspections so that they can better prepare for
potential necessary assessment increases.
If the inspector
determines that any
exterior elevated element
poses an immediate threat
to safety, the inspector
must provide a copy of his
or her report to the local
code enforcement agency,
and the association must
immediately prevent
access to the exterior
elevated element until
completing the necessary
repairs and having the
repairs inspected and
approved by the local
enforcement agency.
SPECIALIZING IN COMMUNITY ASSOCIATION INSURANCE
Master Policies | Earthquake | Directors and Officers
Fidelity | Workers’ Compensation
Patrick Prendiville, CIRMS
www.HOAville.com | (619) 649-8069
[email protected] | License #0E02075
/cai.sd
/in/caisandiego WWW.CAI-SD.ORG
|
31