Don;t most PUD project sue builders with in the 10 year period as they find more and more problems with their homes? We have that situation now.

Asked by Ahanl, San Diego, CA Tue Oct 9, 2012

many home need major work done and our HOA is not being proactive, isn't it their responsibility to start the ball rolling?
Concerned home owner

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5
Kari Shea, Agent, San Diego, CA
Tue Oct 9, 2012
Hi,

We are very familiar with new construction and lawsuits that pertain to them. PUD's sue the builder less often connected units like townhomes and condos. In the old days, many construction defect attorneys would put projects in their calendar 8 to 9 years out to follow up with the home owners to "help them with their problems".

We are not saying that issues do not happen, they do, but not always.

It is important that you understand the law and Steve below has it correct. Lastly, the HOA has to have a percentage of the community vote (in your by-laws) in order for them to take action. Sometimes the by-laws describe the process to pursue legal action.

We recommend you talk to the HOA, see who understands the by-laws and go from there.

Best of luck,

Mark & Kari Shea
Shea Real Estate
Serving Greater San Diego
0 votes
Cory La Scala, Agent, San Diego, CA
Tue Oct 9, 2012
Hi There,

The house on Eucalyptus isn't on the market, but there are two other houses on Dictionary Hill for sale under $300K. Just email or call me and I'll send you the listings.

Warm Regards,

Cory La Scala, REALTOR
Independence Realty
619-825-6421
Lic # 01443391
0 votes
Hector Gaste…, Agent, Coronado, CA
Tue Oct 9, 2012
Ahanl,

The HOA is not the one responsible for building the project, it is the builder. When you sue the HOA you basically shoot yourself and neighbors because it makes it nearly impossible to finance the next property. Try selling when only cash and hard money loans are available and you will see the value of the property come down drastically.

Hector R. Gastelum
Realty Executives Dillon
REALTOR #01382940
hectorgastelum@yahoo.com
619-954-2225
125*142*10754
efax 619-270-2516
0 votes
I might not of made myself clear. I don't want to sue the HOA. I want the builder to come in and make repairs on buckled floor and other big project. Isn't nessesary to start proceeding before 10 year period is up?
Thanks,
Allan
Flag Tue Oct 9, 2012
Steven Ornel…, Agent, Fremont, CA
Tue Oct 9, 2012
Hi Ahanl,

I do not have an attorney for you; however, see page 3 of the document below regarding the "10 year period" you refer to, which changed in 2002:

"Why You Do Need a Realtor® When Buying From a Builder"
http://docs.Steven-Anthony.com/BuilderRealtorAgent.pdf

-Steve
0 votes
Ahanl, Home Buyer, San Diego, CA
Tue Oct 9, 2012
would like the name of an attorney that handles this.
0 votes
yes
Flag Tue Oct 9, 2012
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