The "Catch-22" of HOA Construction Defect Litigation

The dictionary defines "catch-22" as "a dilemma or difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions." In many respects, a “catch-22” situation is inherent in HOA construction defects litigation. This often becomes apparent after a construction defect case has been successfully resolved and the homeowners association has received proceeds from the case. Appreciating the dilemma necessitates a basic understanding of how construction defect litigation is handled by the lawyers who represent the homeowners association.