I asked an earlier question involving a construction defect. Two attorneys responded, with several attorneys marking both responses as good answers; however, one attorney said that my SB 800 applies to my building, whereas the other attorney said that SB 800 does not apply. I'd like to know with certainty whether it applies.
The project is a mixed use, adaptive reuse building built in 1910 as an office building. After decades of neglect, the abandoned building was purchased by a developer in 2000 and converted into 200 residential units, with retail stores at street level. Construction ended in 2007 and most of the first owners closed escrow in 2009. As of 2012, the developer still has about 30 unsold units.
So is this project a "condominium conversion" to which SB 800 does not apply?
I would probably need more information to say if SB 800 is applicable. Instead of worrying whether it is or is not, if you are going to be handling this on your own without an attorney, then go ahead and act as if SB800 applies, and give the written notice that starts the process.
In my opinion, it probably does not apply, but there is no harm in using the SB800 procedures any way.
You may have already satisfied the SB800 requirements anyway, especially if the builder has acknowledged problems with the floor in writing.
As I previously indicated, I don't think SB 800 applies. However, as Attorney Spirtos suggests, you can go ahead and act as if SB 800 applied. There is no harm in using the SB 800 procedures.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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