Making HOA Decisions to Repair or to Delay Repairs to Pursue Construction Defect Claims

When an association has a duty to maintain and repair components that are defective, the question often arises when there are alleged construction defects relating to the components in question as to whether or not the association has a duty to promptly initiate the necessary repairs or whether it may defer making repairs while it pursues claims for the construction defects in an appropriate forum. Courts have stated a variety of factors when considering HOA decisions to repair or delay repairs, including: the specific language contained in the association’s governing documents and the facts cited in support of the association board’s decision to undertake, or to forgo undertaking necessary repairs.