Many homeowner associations and homeowners in California new home developments are finding that the common areas of their communities and their individual homes have construction defects which are not attributable to the lack of ordinary maintenance. These construction defects include roof leaks, deck leaks, mold infestations, deteriorating streets, improper drainage, structural failure, inadequate soil preparation, faulty electrical wiring, insufficient insulation and sound proofing, inadequate equipment, cracked slabs, defective swimming pools, peeling paint, Chinese Drywall and other defects too numerous to list. The construction defects can be caused by poor design, poor construction, poor choice of materials or defective materials.  See: Common Construction Defects, Developers Breach of Fiduciary Duty, Defective Vegetative - Green Roofs, and Defective Grasscrete - Porous Pavement Systems.
Nearly all CC&Rs impose upon homeowner associations the duty to maintain and repair the common areas. Legally, this duty includes paying for the correction of defective conditions, including those set forth above. These repairs, which can be quite expensive, can be paid for in several ways:

First, the association can pay for the cost of repairs out of its reserves. However, in most cases the reserves are insufficient.

Second, the amount required to pay the cost of repairs can be obtained by specially assessing the individual homeowners or borrowing funds.

Third, the association may seek redress from the builder of the project who in many cases is legally responsible for the cost of repairs. In those rare situations where a developer has no insurance, we are prepared to pierce the corporate veil.


Michael T. Chulak & Associates represents homeowner associations and property owners throughout California on a contingency basis in dealing with builders who are responsible for defective construction. Generally, we can meet or beat the contingent fee percentages proposed by our competitors.
We regularly advance all or some of the costs of litigation including expert fees.  Contact us for additional information.
We have prepared a list of Frequently Asked Questions about Construction Defects, which should answer most questions you have. We have also prepared a Due Diligence Review Checklist to assist you in understanding the process, a Construction Defects Glossary, a Directory of California Geotechnical Engineers, and a Directory of California Geologists. Ask us about when punitive damages may apply.

Associations and property owners should know their legal rights and not be misled or intimidated when attempting to seek redress for construction defects. The attorneys with Michael T. Chulak & Associates are available to assist you in this regard. We are homeowner/consumer advocates. There will be no charge for the initial consultation.


Individual Homeowner Claims

Against Developers – Home Builders
When the board of directors of a homeowners association in California refuses or declines to make a claim against a developer for construction defects, even one individual homeowner may do so. Since every homeowner in a common interest development, such as a condominium association, owns an undivided interest in all of the common areas, they have legal standing to seek damages from a developer who has constructed defective common area components. In addition, every homeowner has standing to make claims for defects in their own homes.

Our firm represents individual homeowners and groups of homeowners (as well as associations) on a contingency basis, in making construction defect claims against developers anywhere in California. For most cases, we will advance some or all out of pocket costs related to such claims. Claims against home builders must be made timely. Failure to miss an important deadline can result in the loss of some or all legal rights to make a claim and obtain compensation for defective construction. Consequently, it is critically important that you contact one of our construction defect attorneys as soon as you identify any serious construction defects in your home and common areas.



Individual Homeowner Claims

Against Homeowner Associations


We are one of a few experienced HOA law firms in California that represents individual homeowners in claims against their association. We also provide and have provided legal services to hundreds of homeowner associations throughout California. Most HOA law firms represent only homeowner associations.

A legal claim against an owner's homeowner association should only be made when it is clear that the board will not remedy a legitimate complaint involving CC&R compliance that is of a serious nature. Examples include failure to maintain common areas leading to water intrusion, mold, major cracks, or earth movement. Our firm generally represents individual homeowners on a contingency basis and usually advances some or all of the out of pocket costs in connection with these claims. Call us to discuss your claim.
For additional information on construction defects or other legal services, please contact us.

Attention Construction Defect Attorneys.
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Construction defect, landslide and water intrusion cases handled by our construction defect attorneys as of June 15, 2012:
Alhambra Condominiums 27
Arcadia Condominiums 17
Anaheim Condominiums 10
Anaheim Condominiums 20
Anaheim Condominiums 32
Bakersfield Single Family Homes 7
Baldwin Park Single Family Homes 15
Brentwood Condominiums 24
Carson Condominiums 41
Castaic Condominiums 48
Chatsworth Single Family Home 1
Compton Condominium 1
Compton Condominium 1
Corona Single Family Home 1
Culver City Condominiums 65
Cypress Condominiums 36
Diamond Bar Condominiums 150
Diamond Bar Condominium 1
Glendale Condominium 1
Hollywood Condominiums 21
Inglewood Condominiums 25
Irvine Condominium 1
Koreatown Condominiums 28
Koreatown Condominiums 18
Koreatown Condominiums 45
Lemoore Single Family Home 1
Lincoln Heights Condominiums 106
Lompoc Single Family Home 1
Long Beach Condominiums 48
Los Angeles Condominiums 8
Los Angeles, Civic Center Condominiums 150
Lynn Ranch Single Family Home 1
Malibu Condominium 1
Malibu Condominium 1
Malibu Condominiums 2
Malibu Single Family Home 1
Manhattan Beach Condominium 1
Monterey Hills Condominiums 92
Monterey Park Condominiums 88
Northridge Condominiums 18
Oakpark Condominiums 2
Oakpark Condominiums 8
Oakpark Condominiums 8
Oakpark Condominiums 8
Orange Condominium 1
Palmdale Single Family Home 1
Palos Verdes Single Family Homes 4
Paso Robles Single Family Homes 44
Rancho Mirage Single Family Home 1
San Diego Condominiums 256
San Diego Condominiums 8
San Fernando Condominiums 36
San Pedro Condominium 1
Santa Monica Condominiums 144
Santa Monica Condominiums 4
Saugus Single Family Homes 326
Sherman Oaks Condominium 1
Sherman Oaks Condominiums 28
Sherman Oaks Condominiums 42
Sherman Oaks Condominiums 15
Sherman Oaks Single Family Home 1
Sherman Oaks Condominium 1
Sierra Madre Condominiums 16
Simi Valley Single Family Homes 4
South Pasadena Condominiums 14
Studio City Condominiums 10
Studio City Condominiums 5
Studio City Apartments 62
Studio City Single Family Homes 2
Sunland Single Family Home 1
Sylmar Condominiums 26
Tarzana Condominiums 10
Temecula Condominium 1
Thousand Oaks Condominiums 4
Thousand Oaks Condominiums 13
Torrance Commercial Condominums 24
Van Nuys Condominiums 31
Ventura Single Family Homes 16
West Hills Single Family Home 1
Woodland Hills Apartments 633
     

Owner Claims Against HOA

The most common claim made by the owners of condominium units against their homeowner associations is that their unit is experiencing water intrusion because the association has failed to maintain the common area. Generally, this involves leaking roofs, decks, planters, walls, and windows, and often improper slopes and drainage. When a condominium unit owner makes a claim against the association, it is generally because the statue of limitations has run and therefore a claim cannot be made against the developer of the condominium community.

When a condominium unit owner has exhausted his or her patience with the board and files a lawsuit against the association, (not the board), the association will almost always contact its insurance company. Assuming there is coverage, the insurance company will hire a law firm to represent the association and the law firm will hire any appropriate experts needed to investigate the situation and provide advice on how to remedy the problem.

As part of the process, the plaintiff's attorney will hire one or more experts to provide advice and repair cost estimates.

After all experts have completed their investigations, have developed a scope of repairs, and cost estimates, a mediation session will be arranged so that the parties can avoid further litigation and settle the matter short of going to court. In 99% of these matters, the dispute is settled in mediation.

Settlements usually, but not always, consist of the following:

• The association agrees to repair the common area in a manner that is acceptable to the expert working for the plaintiff's attorney;
   
• The association agrees to pay the plaintiff a dollar amount sufficient to make interior repairs and pay for loss of use; and
• The association agrees to pay all of the plaintiff's attorney fees and costs.
   
• Most importantly, depending upon the insurance coverage, the cost of settling the case will be paid in part or completely by the insurance company.
   

If you are a member of an association board, don't let this happen to your association. A competent management company combined with good legal advice can save your association thousands of dollars.

 




Subcontractor Defense - Construction Defects

While our firm primarily represents plaintiffs in construction defect claims, we also represent subcontractors who have been sued by developers, in construction defect cases, and must defend themselves. If you are a defendant - subcontractor in such a case, even if you are uninsured, call us for a no-cost initial consultation. Let us put our years of construction defect litigation experience to work for you.





Expert Witnesses and Consultants Needed

In connection with our extensive litigation practice, Michael T. Chulak & Associates regularly utilizes the services of expert witnesses and consultants. If you believe you have the knowledge, experience and overall ability to provide these services, we invite you to complete an application and return it with your current resume. Upon receipt, we will enter the information into our database for use by our litigation attorneys and support staff. Please view our websites to become familiar with our areas of practice.




Areas Served:



Alameda County:

Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City

Contra Costa County:

Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Mountain View, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek

Fresno County:

Auberry, Big Creek, Biola, Bowles, Calwa, Cantua Creek, Caruthers, Centerville, Clovis, Coanlinga, Del Rey, Dunlap, Easton, Firebaugh, Fowler, Fresno, Friant, Highway City, Huron, Kerman, Kingsburg, Lanare, Laton, Mendota, Mercy Hot Springs, Minkler, Orange Grove, Parlier, Pinedale, Prather, Raisin City, Reedley, Riverdale, Rolinda, San Joaquin, Sanger, Selma, Shaver Lake, Squaw Valley, Tarpey Village, Three Rocks, Tollhouse, Tranquility

Imperial County:

Brawley, Calipatria, Calexico, El Centro, Heber, Holtville, Imperial, Niland, Salton City, Seeley, Westmorland

Kern County:

Arvin, Bakersfield, Bear Valley Springs, Bodfish, Boron, Buttonwillow, Caliente, California City, China Lake Acres, Delano, Ford City, Frazier Park, Golden Hills, Kernville, Lake Isabella, Lamont, Lebec, Lost Hills, Maricopa, McFarland, Mojave, North Edwards, Oildale, Pine Mountain Club, Ridgecrest, Rosamond, Rosedale, Shafter, South Taft, Stallion Springs, Taft, Taft Heights, Tehachapi, Wasco, Weedpatch, Weldon, Wofford Heights

Kings County:

Armona, Avenal, Corcoran, Grangeville, Guernsey, Halls Corner, Hardwick, Hanford, Home Garden, Hub, Island District, Kettleman City, Lakeside, Lemoore, Lemoore Station, Quay Valley Ranch, Santa Rosa Rancheria, Stratford

Los Angeles County:

Acton, Agoura, Agoura Hills, Agua Dulce, Alhambra, Altadena, Arcadia, Arleta, Artesia, Avalon, Azusa, Baldwin Hills, Baldwin Park, Bassett, Bell, Bell Canyon, Bell Gardens, Bellflower, Beverly Hills, Bouquet Canyon, Box Canyon, Burbank, Calabasas, Calabasas Hills, Canoga Park, Canyon Country, Carson, Castaic, Century City, Cerritos, Chatsworth, Claremont, Commerce, Compton, Covina, Cudahy, Crystalaire, Culver City, Del Sur, Diamond Bar, Downey, Duarte, East Los Angeles, East Rancho Dominguez, El Monte, El Segundo, Encino, Firestone Park, Flintridge, Gardena, Glassell, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawaiian Gardens, Hansen Dam, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park, Hollywood, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Crescenta- Montrose, La Habra Heights, La Mirada, La Puente, La Verne, La Canada, Lake Hughes, Lake Los Angeles, Lake View Terrace, Lakewood, Lancaster, Lawndale, Leimert Park, Lennox, Leona Valley, Lincoln Heights, Littlerock, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Mission Hills, Monrovia, Monte Nido, Montebello, Monterey Park, Mount Baldy, Mount Wilson, Newhall, North El Monte, North Hills, North Hollywood, Northridge, Norwalk, Pacoima, Palisades, Palmdale, Paramount, Pearblossom, Pico Rivera, Pomona, Quartz Hill, Rancho Dominguez, Rancho Palos Verdes, Rancho Park, Redondo Beach, Reseda, Ritter Ranch, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Clarita, Santa Fe Springs, Santa Monica, Saratoga Hills, Saugus, Sherman Oaks, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Stevenson Ranch, Studio City, Sun Valley, Sun Village, Tarzana, Temple City, Toluca Lake, Topanga, Torrance, Tujunga, Universal City, Val Verde, Valencia, Valley Village, Van Nuys, Venice, Vernon, Walnut, Walnut Park, West Covina, West Hills, West Hollywood, West Los Angeles, West Toluca Lake, Westchester, Whittier, Wilmington, Windsor Hills, Winnetka, Woodland Hills

Marin County:

Bel Marin Keys, Belvedere, Black Point - Green Point, Bolinas, Corte Madera, Dillon Beach, Dogtown, Fairfax, Hamilton, Ignacio, Inverness, Inverness Park, Kentfield, Lagunitas - Forest Knolls, Larkspur, Las Gallinas, Lucas Valley - Marinwood, Greenbrae, Marin City, Marshall, Mill Valley, Muir Beach, Novato, Point Reyes Station, Ross, San Anselmo, San Marin, San Rafael, Santa Venetia, Sausalito, Sleepy Hollow, Stinson Beach, Strawberry, Tamalpais - Homestead Valley, Tiburon, Woodacre

Monterey County:

Bradley, Carmel-by-the-Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Pebble Beach, Salinas, Sand City, Seaside, Soledad

Napa County:

Aetna Springs, American Canyon, Angwin, Berryessa Highlands, Calistoga, Capell Valley, Chiles Valley, Circle Oaks, Deer Park, Dry Creek, Gordon Valley, Lokoya, Los Carneros, Moskowite Corner, Mt. Veeder, Napa, Oakville, Pope Valley, Rutherford, Soda Canyon, Spanish Flat, St. Helena, Vichy Springs, Yountville

Orange County:

Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Corona Island, Costa Mesa, Cypress, Dana Point, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forrest, Los Alamitos, Mission Viejo, Newport Beach, Newport Coast, Orange, Placentia, Rossmoor, San Clemente, San Juan Capistrano, Santa Ana, Santa Ana Heights, Seal Beach, Stanton, Tustin, Tustin Foothills, Villa Park, Westminster, Yorba Linda

Riverside County:

Anza, Banning, Beaumont, Bermuda Dunes, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Coachella, Corona, Desert Hot Springs, East Blythe, East Hemet, El Cerrito, Glen Avon, Hemet, Highgrove, Home Gardens, Homeland, Idyllwild-Pine Cove, Indian Wells, Indio, La Quinta, Lake Elsinore, Lakeland Village, Lakeview, Mecca, Mira Loma, Moreno Valley, Murrieta, Murrieta Hot Springs, Norco, Nuevo, Palm Desert, Palm Springs, Pedley, Perris, Quail Valley, Rancho Mirage, Riverside, Rubidoux, San Jacinto, Sun City, Sunnyslope, Temecula, Thousand Palms, Valle Vista, Wildomar, Winchester, Woodcrest

Sacramento County:

Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho, Rio Linda, Rosemont, Sacramento

San Bernardino County:

Adelanto, Apple Valley, Barstow, Big Bear, Big Bear City, Chino, Chino Hills, Colton, Crestline, Fontana, Grand Terrace, Hesperia, Highland, Joshua Tree, Lake Arrowhead, Landers, Loma Linda, Montclair, Morongo Valley, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, Running Springs, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley

San Diego County:

Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, (Cardiff-by-Sea, Leucadia, Olivenhain), Escondido, Fairbanks, Ranch, Fallbrook, Imperial Beach, Julian, La Mesa, Lake San, lakeside, Lemon Grove, National City, Oceanside (San Luis Rey), Poway, Romona, Rancho San Diego, Rancho Santa Fe, San Diego, San Marcos, Santee, Solana Beach, Hidden Meadows, San Diego County Estates, Spring Valley, Vista

San Francisco County:

San Francisco City

San Joaquin County:

Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, Tracy

San Luis Obispo County:

Arroyo Grande, Atascadero, Avila Beach, Baywood-Los Osos, Cambria, Cayucos, Grover Beach, Lake Nacimiento, Los Osos, Morro Bay, Nipomo, Oceano, Paso Robles, Pismo Beach, San Luis Obispo, San Miguel, San Simeon, Santa Margarita, Templeton

San Mateo County:

Atherton, Belmont, Broadmoor, Brisbane, Burlingame, Burlingame Hills, Colma, Daly City, Devonshire, East Palo Alto, El Granada, Emerald Lake Hills, Foster City, Half Moon Bay, Highlands-Baywood Park, Hillsborough, Kings Mountain, La Honda, Loma Mar, Menlo Oaks, Menlo Park, Millbrae, Montara, Moss Beach, North Fair Oaks, Pacifica, Pescadero, Portola Valley, Princeton-by-the-Sea, Redwood City, San Bruno, San Carlos, San Gregorio, San Mateo, Sky Londa, South San Francisco, West Menlo Park, Woodside

Santa Barbara County:

Ballard, Buellton, Carpinteria, Gaviota, Goleta, Guadalupe, Hollister Ranch, Hope Ranch, Isla Vista, Lompoc, Los Alamos, Los Olivos, Mission Canyon, Mission Hills, Montecito, Orcutt, Santa Barbara, Santa Maria, Santa Ynez, Solvang, Summerland, Toro Canyon

Santa Clara County:

Alum Rock, Alviso, Bell Station, Bell's Station, Burbank, Burnett, Cambrian Park, Campbell, Casa Loma, Chemeketa Park, Coyote, Cupertino, East Foothills, East San Jose, Fruitdale, Gilroy, Hollenbeck's Station, Lexington Hills, Loma Chiquita, Los Altos, Los Altos Hills, Los Gatos, Loyola, Loyola Corners, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, Redwood Estates, Rucker, San Antonio, San Jose, San Martin, Santa Clara, Saratoga, Stanford, Sunnyvale, Willow Glen

Solano County:

Benicia, Bahia, Birds Landing, Bucktown, Collinsville, Cordelia, Dixon, Elmira, Fairfield, Green Valley, Maine Prairie, Rio Vista, Scandia, Suisun City, Vacaville, Vallejo

Sonoma County:

Agua Caliente, Asti, Bloomfield, Bodega, Bodega Bay, Bodega Harbour, Boyes Hot Springs, Bridgehaven, Buena Vista, Cadwell, Camp Meeker, Carmet, Carneros, Cazadero, Cloverdale, Cotati, Cozzens Corners, Cunningham, Diamond A Ranch, Duncans Mills, East Guernewood, El Bonita, El Verano, Eldridge, Fetters Hot Springs, Forest Hills, Forestville, Freestone, Fulton, The Geysers, Geyserville, Glen Ellen, Graton, Guerneville, Guernewood Park, Hacienda, Healdsburg, Hessel, Hilton, Hollydale, Jenner, Jimtown, Kellogg, Kenwood, Knowles Corner, Korbel, Lakeville, Larkfield-Wikiup, Lytton, Mark West, Mark West Springs, Mercuryville, Mesa Grande, Mirabel Heights, Mirabel Park, Mission Highlands, Monte Cristo, Monte Rio, Montesano, Noel Heights, Northwood, Oakmont, Occidental, Odd Fellows Park, Penngrove, Petaluma, Rio Dell, Rio Nido, Rohnert Park, Rolands, Roseland, Russian River Terrace, Salmon Creek, Santa Rosa, Schellville, Sea Ranch, Sebastopol, Serena del Mar, Soda Springs, Sonoma, Summerhome Park, Temelec, Two Rock, Valley Ford, Venada, Vacation Beach, Villa Grande, Vineburg, West Guernewood, Windsor

Ventura County:

Camarillo, Channel Islands, Faria Beach, Fillmore, Moorpark, Newbury Park, Oak Park, Oak View, Ojai, Oxnard, Port Hueneme, Santa Paula, Saticoy, Somis, Simi Valley, Thousand Oaks, Ventura (San Buenaventura), Westlake Village



California

Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County



 

 




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