On Monday night, Lakewood City Council will take up Ordinance 21, a measure that would weaken legal protections for homeowners to hold developers responsible for fixing construction defects they caused. O-21 would:
While the intent of O-21 is great – address the lack of affordable housing – O-21 is not the right solution. Increasing pressure on developers to build a higher quality product, definitely. Looking at insurance practices and possible reform, maybe. But taking away homeowners’ ability to determine when, how and the process for fixing shoddy construction in their defective homes? No way. Hear from homeowners themselves who tell the story here:
Lakewood CD Ordinance-HD from Build Our Homes Right on Vimeo.
The bottom line? Anyone buying a house in Lakewood should expect that it is built right – but if there are problems, they should be able to hold builders responsible for their construction defects. You just might want to email Lakewood City Council members to vote no on O-21 if this sounds like a bad idea to you:
Disclosure: I’m working with Build Our Homes Right, a coalition of homeowners, homeowner associations, property managers, legal advocates and other allies, seeking to ensure that homeowners are protected in Colorado.
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Does this apply to older properties, as well?
My understanding (no lawyer, here) is that under current state law, homeowners can bring an action only for 6 years after "substantial completion" of a development project and they have 2 years to make a claim for relief. O-21 would tie homeowners and HOAs to what I described above to any new for-sale construction, condo or single-family homes in Lakewood. A bad deal for homeowners, no question.