When an association enters into any form of litigation, whether with a homeowner, a builder or contractor, the association's attorney will turn to the manager. Managers often get the call from litigation counsel, "we need all of the association documents ASAP." It is realistic to expect that you will have to provide association documents for any litigation in which your association is involved. However, what documents you provide are often not outlined clearly.
The following is a handy checklist of documents that a manager is required to provide for associations in construction defect litigation, and also provides a detailed framework for almost all forms of litigation.
GOVERNING DOCUMENTS:
- Articles
- Bylaws
- CC&Rs
- Rules & Regulations
- Final Subdivision Report (Dept. of Real Estate)
INSURANCE DOCUMENTS:
- Copy of Association's Policy (present/existing policy)
- Copy of Prior Policies (dating back to when damages first discovered)
- Correspondence re Policy Coverage to/from Broker or Insurance Company
ARCHITECTURAL/ENGINEERING DOCUMENTS:
- Plans/Drawings
- Specifications
- Soil Engineering Reports
- Plot Plan
INFORMATION RE DEFECTS:
- List of Defects
- Correspondence with Developer/Contractor
- Homeowner Surveys of Defects
- Homeowner Complaints
- Board Minutes re Defects
- Expert Reports/Correspondence
- Correspondence with Management Company(s)
- Correspondence/Claims with Insurance Companies
- Correspondence with Attorneys
- Photographs
- Repair Estimates
- Releases
PRIOR REPAIRS:
- Invoices
- Contracts
- Paid Receipts
- Photographs
FUTURE REPAIRS:
- Estimates/Proposals
- Reports & Correspondence
SALES/PROMOTIONS:
- Advertising Circulars
- Sales Brochures
RESERVE STUDIES:
- Reserve Studies
- Budgets
- Proposed Budgets