With Pulte having finished building their houses in our community and leaving, the Board of Directors, in 2015 established an Ad Hoc Transition committee. There is a statute of limitations of 10 years on Construction Defect lawsuits. Since our community was established in 2004 there is only our Phase 3 area that falls within the 10 year limitation.
The Ad Hoc Transition committee, made up of legal, staff, and residents whose careers were in landscaping, irrigation, etc. took multiple inspections of the Phase 3 portion of our community to see if there were any areas that needed to be addressed.
We pointed out three areas that were of potential concern:
- Defective design and/or construction of irrigation systems including lack of thrust blocking;
- Cracked surfaces of paved streets within Development Phase III and
- Damaged/corroded Association-maintained fencing.
As was stated during the Open Session of the January 2017 board meeting the Board of Directors was able to reach agreement with the developer, without litigation for the sum of $300,000. This $300,000 has been received and was deposited in our Reserve/Replacement Account.
These funds will be used for these three items as they are due for repair or replacement in the future.
The entire board, all 5 board members, were given the information about the agreement and had more than two months to review the agreement and ask questions of our attorney BEFORE a vote was taken on whether to accept the agreement or not.
A letter is in the mail from the Association’s law firm of Epsten Grinnell & Howell explaining this settlement and each Homeowner should be receiving the information by Monday, February 27, 2017.