How California’s Right to Repair Act Applies to HOAs
Understanding SB 800 in the HOA Context
California’s Right to Repair Act (SB 800) doesn’t just protect individual homeowners — it also applies to homeowners’ associations (HOAs) responsible for managing common areas in newly built communities.
For HOAs, this law is one of the most powerful tools available to address defects in new construction, including problems with roofs, balconies, siding, waterproofing, drainage, and other shared systems.
What the Law Covers
Under Civil Code §§ 895–945.5, the Right to Repair Act establishes specific building performance standards that developers must meet.
For example:
Roofs and exterior walls must be waterproof and weather-resistant.
Plumbing, electrical, and mechanical systems must operate properly.
Structural components must be free from significant movement or failure.
Common areas must drain properly and prevent water intrusion.
When these standards are violated — even before damage occurs — the HOA has the right to demand that the builder repair the defects.
How an HOA Brings a Claim Under SB 800
Here’s how the process works for associations:
Notice of Claim – The HOA, through its attorney, sends a written notice to the builder or developer identifying the defects.
Builder Response – The builder has 14 days to acknowledge the claim and may request access for inspections.
Inspection and Repair Offer – The builder can inspect the affected areas and either offer to make repairs or reject the claim with an explanation.
Repairs and Mediation – If repairs are offered, they must be completed within a reasonable time. The parties may also mediate before any lawsuit is filed.
Litigation (if necessary) – If the builder fails to respond, refuses to repair, or performs inadequate repairs, the HOA can file a lawsuit to recover repair costs and damages.
This process is mandatory — meaning that an HOA generally must comply with SB 800’s pre-litigation procedures before filing suit.
Common Areas and HOA Standing
Under Civil Code §5980, the HOA has the right (“standing”) to bring claims for defects in:
Common areas (roofs, walls, garages, hallways, elevators, etc.),
Portions of individual units that the HOA is responsible to maintain, and
Any defects that affect multiple owners.
Individual homeowners may also have their own claims for interior or unit-specific issues, but SB 800 allows the HOA to address community-wide construction problems on behalf of the membership.
Deadlines and Time Limits
Just like individual homeowners, HOAs must bring their SB 800 claims within the statute of repose periods specified in the law:
Fit and finish (paint, flooring, cabinets, etc.) - 1 year
Plumbing, electrical, mechanical systems - 2 years
Water intrusion and building envelope - 4 years (for drainage issues) to 10 years (for major waterproofing failures)
Structural and load-bearing components - 10 years
Because many of these time limits begin when the project is completed or turned over, it’s critical for HOAs to act quickly after transition from developer control.
Why the HOA’s Attorney Must Lead the Process
All SB 800 notices, inspections, and expert evaluations should be coordinated through the HOA’s legal counsel.
When the attorney retains engineers and consultants to inspect and prepare reports, those materials are protected under the attorney work product privilege. If the property manager or board hires experts directly, those reports can become discoverable by the builder — jeopardizing the HOA’s case.
By engaging counsel early, the HOA ensures that the entire process — from initial inspection to potential litigation — is handled strategically and confidentially.
Practical Tips for HOA Boards
Act early after turnover. Don’t assume minor leaks or cracks are “normal.” They may signal bigger issues.
Engage experienced legal counsel. Construction defect law is specialized — the right attorney will coordinate the expert investigation.
Document everything. Keep maintenance records, owner complaints, and repair histories.
Preserve evidence. Don’t make major repairs before consulting legal counsel; doing so can destroy critical evidence.
Bottom Line - The Right to Repair Act gives HOAs a clear, structured way to pursue construction defect claims — but only if they act within the statute’s timeframes and follow its procedures carefully.
By hiring an experienced construction defect attorney early, the HOA can coordinate expert inspections, protect privileged communications, and preserve the association’s right to recover repair costs.