the builder for defects in design or construction.”2
Language
that hinders the ability for board members to perform these investigations and protect assets like balconies, decks and ele- vated walkways is counterproductive to existing law, and only serves to limit the power of associations to seek legal remedies for breaches of the construction standards set forth in Civil Code Sections 896 and 897 exist.
SB 326 contains language that prohibits these types of clauses in governing documents and protect HOAs. Te bill is sup- ported in its current form by CAI, and is currently in the Assembly’s Housing and Community Development Commit- tee. Efforts are underway in Sacramento to thwart whatever opposition there may be to this bill, and CAI’s Legislative Action Committee continues to monitor its progress going forward.
2 Cal. Civil Code Sec. 5800(f)(1)(A-B)
Talk to us about your community association needs. We can help.
Popular Association Banking exclusively serves the community association industry. We offer:1
Grant Shetron, CMCA, AMS, PCAM 510.406.3198
ROB WARD is an attorney with Riley Pasek Canty LLP. Mr. Ward has represented homeowners and HOAs for over 20 years, both in the area of Con- struction Defect and as a general counsel attorney. He also serves as a delegate with the San Diego chap- ter of CAI’s California Legislative Action Committee.
www.AssociationBankers.com
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