Colorado HOA, Townhome, and Condo Construction Defect Attorney
Homeowners associations, condominium associations and townhome communities face unique construction defect challenges. Defects in roofs, siding, decks, parking structures, drainage systems and other common elements affect every owner in the community, and the costs to repair them can run into the millions. When reserves and special assessments can't cover the repairs, the developer and builder may be responsible.
I represent associations and their boards from the earliest evaluation through resolution. I also understand the board's position: you have fiduciary duties to the owners, limited budgets, and owners who want answers.
Common Defects in Multifamily Communities
Water intrusion through windows, siding, stucco and balconies
Roofing and flashing failures
Elevated deck and walkway waterproofing failures
Grading, drainage and site retaining wall problems
Structural and foundation movement
Fire separation and fire-rated assembly deficiencies
Concrete parking structure and podium deck deterioration
Mechanical and plumbing system failures
Colorado's HOA Requirements Before Filing
Colorado's Common Interest Ownership Act imposes specific steps on an association board before it can bring a construction defect action, including written notice to unit owners, an owners' meeting, and a vote of the owners approving the claim (C.R.S. ยง 38-33.3-303.5). Many declarations add their own requirements, such as mandatory arbitration or additional voting thresholds, sometimes written by the developer to make claims harder. Getting these steps right is critical. A misstep can give the builder a procedural defense to an otherwise strong claim.
How I Help Associations
Evaluate potential claims and the deadlines that apply
Coordinate building envelope, structural and cost experts
Guide the board through the CCIOA notice, meeting and owner vote
Communicate with owners so the community understands the process
Pursue the developer, builder, subcontractors, design professionals and their insurers
Help plan how recovered funds are used for repairs
Frequently Asked Questions
Can our HOA afford to bring a construction defect claim? Most association claims are handled on a contingent fee basis, so the association doesn't pay hourly legal fees out of its operating budget or reserves.
Will a lawsuit hurt our owners' property values or ability to refinance? Pending litigation can affect some lending decisions, and it's a fair concern. Unrepaired defects also affect values. I'll walk the board through how to weigh both and how to communicate with owners.
The developer still controls our board. What now? Claims often surface around the time control passes from the developer to the owners. Deadlines may already be running, so the new owner-controlled board should get the claim evaluated quickly.
Contingent fee representation is available for qualifying association claims. Call 303-409-7529 to schedule a confidential consultation with your board.