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3 homeowner rights in an HOA construction dispute

On Behalf of | Jul 20, 2023 | Civil Litigation

A home means much more than just a place to live. For people in HOAs, it also provides a community to be a part of.

According to the Foundation for Community Association Research, the U.S. has approximately 358,000 HOAs. Construction defects can pose significant financial and safety risks for homeowners. Unfortunately, if your home has a defect, homeowners in an HOA may face extra challenges, but they do have rights.

1. A home built properly

While owning a home comes with maintenance, homeowners should not have to worry about the structuring not meeting codes and standards. A homeowner deserves a property free of significant defects and potential safety hazards. Once detected, the homeowner may have the legal grounds to file a lawsuit and obtain remediation and compensation.

2. Communication regarding potential defects

When a person falls in love with a home, it may mean overlooking some of the property’s negatives. Unknown defects should not fall into that category. The builder and seller must disclose any issues that may affect the property’s useability. Not getting informed of such defects may count as negligent representation.

3. Ability to take legal action

Homeowners have the right to file a lawsuit regarding an HOA construction defect. While the grounds vary, they may include a breach of contract, warranty claims, negligence, and strict liability. All of these have nuances that may it ideal to obtain legal consultation.

A construction defect may leave homeowners feeling helpless and frustrated. Luckily, they have rights to safeguard against defective property.

Photo of Attorney Phillip A. Geigle