Attorneys Representing Homeowners and HOAs in Litigation Involving

Construction Defect, Negligence, Contract, Misrepresentation, Real Estate, and General Counsel for Community Associations in California, Nevada, and Arizona.

Call Toll Free (888) 350-9080

 

Burdman Law Group: Construction Attorneys serving San Diego County (Carlsbad, Encinitas, Oceanside, La Jolla, Poway, Chula Vista, Point Loma, North Park, UTC, Rancho Santa Fe, Scripps Ranch, 4S Ranch, Escondido, & Downtown); Orange County Construction Lawyers (Irvine, Fullerton, Tustin, San Clemente, Anaheim, Santa Ana, Aliso Viejo, Costa Mesa, & Yorba Linda); Los Angeles County Construction Lawyers (Downtown, Burbank, Cerritos, Claremont, Compton, Culver City, Duarte, El Segundo, Gardena, Glendale, Hawthorne, Hermosa Beach, Huntington Park, Inglewood, Irwindale, Lakewood, Lawndale, Lomita, Long Beach, Lynwood, Manhattan Beach, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs Road, Santa Monica, Sierra Madre, Signal Hill, Pasadena, Torrance, Hollywood, Westlake Village, & Whittier); Riverside County Construction Attorneys (Riverside, Corona, Menifee, Temecula, Hemet, Indio, Palm Desert, & Wildomar); San Bernardino County Construction Lawyers (Redlands, Fontana, Ontario, & Rancho Cucamonga); Clark County Construction Attorneys (Las Vegas, Summerlin, & Henderson); Maricopa County, and Pima County.

 

Burdman Willis: Construction Attorneys for Arizona, including: Phoenix, Scottsdale, Chandler, Gilbert, Mesa, Avondale, Glendale, Peoria, Sun City, Surprise, Prescott, and Tempe.

 

 

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Checklist for Transition from Developer Control

by Scott Burdman, Esq.

 

Below is a list of the most important items to request from the Developer in the few months prior to the transition from Developer to Homeowner control of a Board of Directors. If you have all of these items, it will make operating and maintaining the Association a much easier task.

 

  • Deeds from the Developer to the Association for all Common Area lots contained within the project;

  • Original copy of recorded CC&Rs;

  • Original Articles of Incorporation filed with the California Secretary of State;

  • Bylaws of the Association;

  • Rules and Regulations;

  • Copies of all Tax returns filed by the Association;

  • Copies of all filings with the California Secretary of State;

  • Copies of all Minutes (regular, special, & executive) from meetings of the Board of Directors;

  • Current operating Budget;

  • Statement of all account balances owed to the Association including HOA fees paid/owed by the Developer to the            Association;

  • Copies of all contracts where the Association is a party including all management, service and employment contracts;

  • Copies of all General liability insurance policies for the Association;

  • Copies of all Directors and Officers liability insurance for the Board Members;

  • Accounts Payable balances;

  • Current reserve balances and any reserve studies;

  • Information regarding all Association bank accounts, certificates of deposit, etc.;

  • Complete list of all owners, addresses, email addresses;

  • All files and records relating to the architectural control committee and records relating to any claims brought by the HOA against owners including non payment of assessments and CC&R/Rules & Regulations violations;

  • Complete site plans, architectural plans, condo plan, tract maps, and landscaping plans including "as builts;"

  • Warranties, names, phone numbers, and email addresses of any contractors, subcontractors, suppliers, and manufacturers of any of the Common Area components; (i.e. roofer, roof tiles, patio furniture, pool, pool equipment, etc.); and

  • Specifications, names, phone numbers, email addresses, and a complete list of manufacturers for all painting, stucco colors, roofing materials.

 

The above list is not exhaustive, but includes the vast majority of items necessary to ensure that once the Owners at the Association assume control, you and the Board of Directors will be able to properly operate and maintain the community.

 

If you think you have potential construction defects, contact Burdman & Ward for a free, no obligation inspection with a licensed contractor.

 

Tel. 888-350-9080

www.burdmanlaw.com

 

This material is for informational purposes only, and is not legal advice.  For specific legal advice concerning a particular fact situation, please consult an attorney.