The Law Journal, Spring 2022

Page 6

HOA Records: THE GUIDING PIECE IN CONSTRUCTION DEFECT LITIGATION

C

ommunity managers are very aware of the records that homeowners’ associations must retain to comply with the Davis Stirling Act. A topic of understandably less attention, records retention also plays a critical role in many other contexts for homeowners’ associations, including in construction defect claims. This article focuses on record retention best practices in the context of construction defect claims. Ensuring relevant records are preserved in a favorable manner will help community managers protect their young communities and minimize distractions commonly employed by developers’ defense counsel in defect claims.

6 The Law Journal Spring 2022 | cacm.org


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