Oregon Ct. Says HOA Had Six Years from Discovery to File Action for Construction Defects

A homeowners association brought suit against the original developer and general contractor for damages resulting from alleged faulty construction. The homeowners association alleged claims based on theories of negligence during the construction of the condominiums, nuisance, concealment of known defects, and mismanagement of the association before it was turned over to the unit owners. The trial court dismissed the homeowners association’s claims based on statutes of repose and limitations (the claims were filed too late).

Construction was completed on the buildings in question in May of 2000. The association was formed and the CC&Rs were adopted in July 2000. The first unit sold in August 2000. The association first obtained […]