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.