Would extend the Calderon Act (Civ. Code Section 6000), which specifies certain pre-litigation procedures which must be satisfied before a HOA may file a construction defect action against its developer.
Current Status: Chaptered
FindHOALaw Quick Summary:
The “Calderon Process,” codified at Civil Code Section 6000, specifies certain pre-litigation procedures which must be satisfied before a HOA may file an action against its developer for construction defects. (See “Calderon Process.”) Current law states the requirements of the Calderon Process will become inoperative as of July 1, 2017, and repealed as of January 1, 2018 unless they are renewed by statute on or before January 1, 2018. (Civ. Code § 6000(s).) AB 1963 would amend this sunset provision, and extend the requirements of the Calderon Process through July 1, 2024.
**UPDATE: AB 1963 was signed by the Governor on July 22, 2016. It’s changes to the law will become operative on January 1, 2017.
from the California Legislature's website
Related Topics
Related Statutes
- AB-3219 (Frazier) Construction defects: actions.
- AB 2353 (Frazier) Construction defects: actions: statute of limitations.
- Civil Code Section 6150. Notice of Civil Action Against Declarant.
- Civil Code Section 6100. Notice of Settlement Agreement.
- Civil Code Section 6000. Construction Defect; Pre-Litigation Procedures.
Related Case Law
- Beacon Residential Community Association v. Skidmore
(2014) 59 Cal. 4th 568
[Construction Defect; Architect Liability] An architect who functions as the principal architect on a residential construction project owes a duty of care to future homeowners.