(a) Not later than 30 days before filing of any civil action by the association against the declarant or other developer of a common interest development for alleged damage to the common areas, alleged damage to the separate interests that the association is obligated to maintain or repair, or alleged damage to the separate interests that arises out of, or is integrally related to, damage to the common areas or separate interests that the association is obligated to maintain or repair, the board shall provide a written notice to each member of the association who appears on the records of the association when the notice is provided. This notice shall specify all of the following:
(1) That a meeting will take place to discuss problems that may lead to the filing of a civil action, in addition to the potential impacts thereof to the association and its members, including any financial impacts.
(2) The options, including civil actions, that are available to address the problems.
(3) The time and place of the meeting.
(b) Notwithstanding subdivision (a), if the association has reason to believe that the applicable statute of limitations will expire before the association files the civil action, the association may give the notice, as described above, within 30 days after the filing of the action.
Related Topics
Related Statutes
- SB-1470 (Glazer) Construction defect cases.
- AB-2114 (Irwin) Building standards: exterior elevated elements: inspection
- AB-919 (Grayson) Construction defects: actions: statute of limitations.
- Civil Code Section 5986. No Preconditions to Commencement of Builder Claims.
- SB 326 (Hill). Common interest developments.
- Civil Code Section 6100. Notice of Settlement Agreement.
- Civil Code Section 6000. Construction Defect; Pre-Litigation Procedures.
Related Case Law
- Branches Neighborhood Corporation v. CalAtlantic Group, Inc.
(2018) 26 Cal.App.5th 743
[Construction Defect; Membership Approval Prior to Filing Claim] CC&R provisions requiring membership approval prior to the initiation of a construction defect claim are enforceable and must be complied with.
- Seahaus La Jolla Owners Association v. Superior Court
(2014) 224 Cal.App.4th 754
[Attorney-client privilege; Homeowners] Attorney-client privilege applies to communication between association’s attorney and homeowners.
Related Links
SB 326 Signed! Balconies, Branches, and Builder Defect Actions – Published on HOA Lawyer Blog (October 2019)