HOA’s Condominium Associations

Time is of the Essence with Regard to Identifying &
Resolving Construction Defect Disputes

Each year thousands of consumers are faced with serious defects and property damage in their new homes and communities due to faulty construction. Often, the most serious defects do not show up for months or years after moving day.

Community associations and their members have legal rights that entitle them to demand that defects be corrected. Maryland law provides a variety of unique remedies for condominiums and HOAs, including six different statutory warranties. However, timely action is required in order to preserve your community’s rights.

Once control of the Association is transferred from Developer to homeowners, the Association’s Board of Directors should always obtain a “transition study” (also known as a “warranty” or “deficiency” report) to assess the condition of construction before warranty rights expire. Revealing these deficiencies early in the transition process can prevent serious concealed property damage down the road and make it easier to obtain developer repairs.

It is extremely important that community associations and homeowners understand and preserve their legal rights so they are not waived in the negotiation process as time continues to pass. Cowie & Mott is a firm familiar with these issues and deals with them on a daily basis. We regularly meet with associations and provide complimentary warranty analysis and document review.