In Minnesota, under the Common Interest Ownership Act (MICOA), there is a statutory warranty of construction quality by the builder of any common interest community. This warranty will apply to condo and townhome projects and may apply to a project involving detached single family homes.
There is also a statutory warranty by the builder protecting against major structural defects and other specified defects in any dwelling, regardless of whether it is in a common interest community.
And a builder and its contractors may have liability for the negligent construction of any dwelling or other improvements under Minnesota Common law regardless of whether the work is also covered by a statutory warranty.
For a brief discussion of your legal rights and how much time you have to exercise them, please refer to Frequently Asked Questions.
If you would like to learn more about the construction defect resolution process, we suggest that you download an Overview of the Survivor’s Guide, which summarizes the board’s duties, construction defects, warranty rights and claims and the role of the attorney.
For a comprehensive look at the claims resolution process, please request a copy of A Survivor’s Guide to Construction Defect Resolution: What Association Managers and Boards Need to Know, which we will be happy to mail to you.
However, regardless of whether a claim is based on breach of a statutory warranty or on common law negligence liability, action must be taken within the time provided by law. And the time period within which action must be taken varies depending on whether the claim is based on common law negligence or a breach of a statutory warranty, and on what statutory warranty was breached.
At no charge to the association, Levin & Edin will:
- Meet with your board to discuss the association’s rights and time limits to exercise those rights.
- Send a trained consultant to observe any obvious signs of construction related problems at your project.
- Provide an online, unit owner’s survey which allows an owner to identify any problems in doors, windows, floors, electrical and mechanical systems, landscaping, etc.