Tamara L. Boeck's Answers

Tamara L. Boeck
Sacramento Construction / Development Lawyer.
Contributor Level 5

2

Attorney answers:

  1. Dana Howard Shultz
  2. Tamara L. Boeck

Is a builder responsible for mold growth on the exterior paint on a 2 year old home?

Asked by a user in Santa Rosa, CA - almost 3 years ago.

I agree with the prior answer - a mere contention, without additional information or evidence of the cause (and the facts surrounding it), will not support liability or responsibilty by the builder (or anyone else). Side note: based on the age of the home, it may be subject to the statutory "Home Builder's Right to Repair Statute" Civil Code sec. 896....and likely warranty or other contractual requirements. Specific timelines and requirements apply to avoid losing those rights. ** This...

2

Attorney answers:

  1. Tamara L. Boeck
  2. Michael Bernard Rover

Do we have to join the HOA? Don't want to- they sue too much and waste money. They reneged on their deal with us.

Asked by a user in Sacramento, CA - almost 3 years ago.

Depends on whether there are valid governing documents (CC&R's), and/or other contractual requirements that are related to the land you own (including whether you can get offsets). The complexity of the question suggests that you should take this issue to a lawyer that specializes in HOA law.

1

Attorney answers:

  1. Tamara L. Boeck

What is the difference between a construction lean and a mechanics lien in the state of nevada?

Asked by a user in Las Vegas, NV - almost 3 years ago.

A mechanics lien (sometimes known as a contractor's or construction lien), is a statutorily created lien in NV. To make it valid (also known a "perfecting"), you need to comply with all of the statutory requirements, including specific timelines and notices to the required parties, including the GC, owner, lender, etc.. You need to determine your timeliens asap, and likely seek a lawyer's advice if you cannot figure it out promptly, or you may lose some or all of your rights to collect.