Associations maintain the right to pursue claims for construction defects as to the common areas/elements and on behalf of two or more unit owners on matters which affect the common interest community. This right to pursue claims gives associations a powerful hand to ensure the common areas/elements in their community are maintained to help with overall community property values.
If defective conditions are present within your community, you have a right to have your common areas fixed. In other words, Nevada law provides you are entitled to have your community restored to the condition it should have been in when your builder turned control over to the association. Under Nevada law, to ensure all claims within your community are properly included, an investigation of defective conditions by a qualified construction expert is recommended. Doing so also ensures your board has maintained their fiduciary obligations by relying upon experienced and qualified individuals when making any decision which may affect your community.
Once this investigation has been performed, legal notice can then be provided to your builder demonstrating a community-wide investigation has been performed, noting the defective conditions discovered and their potential causes. Upon being provided with this legal notice, your community’s builder is given one final opportunity to make effective and proper repairs. These repairs must be performed in accordance with any applicable building codes and cannot increase the maintenance burden your association and individual homeowners would have faced had your community been properly constructed. To ensure the builder properly performs these repairs, it cannot ask your association or individual homeowners to sign any release of responsibility. If the builder refuses to perform repairs or if the repairs are improper, your community has maintained its rights to further pursue claims. If your association is put into a position where legal representation is necessary, Nevada law provides you are entitled to recover any costs incurred. The goal is to ensure your community does not have to take money from association dues, bank loans or reserves to correct problems your community’s builder is responsible to correct.
Should you believe construction defects are present within your community common areas, call our office to arrange a free initial inspection. A representative from our firm will meet with your board and individual homeowners to further explain your legal rights and can arrange for an inspection of your community to provide insight of what problems might exist.