A large percentage of new homes sold each year are part of a common interest development or homeowners association (“association”). The association plays an integral role when the homeowners in a development want to bring a construction defect action. Typically, the association controls the common areas in the development, including any amenities and the outside areas of the entire community. Thus, the association is responsible for bringing any claims related to the common areas of the development. If you live in a home that is part of a larger development and you have suffered damage to your own property as well as to the development’s common area, you and your homeowners association may be able to file a lawsuit against your developer.

The association is responsible for the ongoing maintenance of the property. This includes the replacement of large and expensive components, such as the roof, pool, or the heating and air conditioning system. The developer is responsible for establishing a reserve budget and calculating the necessary association fees to ensure these large projects are properly funded. If the developer does not adequately fund this reserve, the entire community will bear the burden of this over site. A large assessment will be necessary to pay for these big-ticket repairs. At Silldorf & Levine, LLP we have the knowledge to diagnose when a developer has not adequately created a reserve fund and can help a community get back on its feet financially.

We understand the need for timely, accurate and competent responses to the questions and concerns of managers and board members. Silldorf & Levine, LLP has more than twenty years of experience representing associations against their community’s developer. Our attorneys have been active members of the California Association of Community Managers (CACM) and the Community Association Institute (CAI) for more than twenty years.

Representing an association in a construction defect matter involves many unique challenges that the attorneys at Silldorf & Levine, LLP are adept at overcoming. Because of our experience, we are uniquely situated to answer the questions and needs of the association. Our attorneys have recovered hundreds of millions of dollars for homeowners associations and this money has helped our clients to fill their reserves and repair the defects that developers and contractors left behind.