HOAs Must Take Timely Action on Claims for Construction Defects

Due to the nature of construction, it typically takes a significant period of time for property owners and users to become aware of problems and conditions that may be related to defects in design, materials and/or workmanship related to the original construction of the improvements in question. If the basis for an action for construction defects exists, the action must be taken within specific time periods that are prescribed by state statutes. The state statutes that fix the time periods for filing actions are commonly known as “statutes of limitations.” The intent behind such statutes is to protect contractors and other professionals in the construction industry from perpetual exposure to liability.