The Homeowner Protection Act of 2007
The Homeowner Protection Act of 2007 (HPA) safeguards homeowners’ legal rights by prohibiting construction professionals from limiting the homeowner’s exposure to damages and remedies for residential construction in contracts or addendums. The term “Construction Professionals” refers to developers, builders, architects, designers, engineers, contractors, sub-contractors, inspectors, etc.
Most homeowner association governing documents are considered contracts under the law. As a result, the HPA applies to any language contained in these documents that attempts to waive or limit the legal rights, remedies, or damages provided by Colorado’s construction defect (CDARA) and consumer protection (CCPA) statutes, or on the ability of homeowner associations to timely enforce such legal rights, remedies, or damages. The HPA also prevents developers from limiting a homeowner or homeowner association’s time to sue for a construction defect to a time shorter than that allowed by Colorado’s statutes of limitations and repose.
The HPA renders any restrictions on a residential property owner’s legal rights void and unenforceable. Specifically, the act prohibits and declares as “void against public policy” any waiver or limitation on a homeowner’s legal rights, remedies, or damages related to CDARA or CCPA claims.
While the HPA is intended to maintain Colorado residential property owners’ legal rights and remedies, the HPA is not intended to enlarge or remove any of CDARA’s previously imposed damages limitations.
Additionally, the HPA does not prevent a waiver or limitation of rights, remedies, or damages to a homeowner to the extent the homeowner and the homebuilder have agreed to waive such claims in a written settlement of an existing construction dispute.
The HPA must be considered when examining the enforcement of waivers, releases, exculpatory clauses, and limitations of liability in all agreements with construction professionals involved in residential construction defect disputes. And homeowners, homeowner associations, and their attorneys should consider whether those provisions might constitute misleading or deceptive trade practices under the CCPA or other laws. The HPA does not expand homeowner or homeowner association rights, remedies, or damages beyond those described by CDARA; it merely preserves those rights, remedies, and damages under most circumstances.
The HPA has provided homeowners and associations with strong legal protections in the event that construction defects arise. It is always wise, however, to have an experienced construction defect attorney review your construction contracts prior to agreeing to their terms. If you have questions about construction defects, Burg Simpson’s Construction Defect Department offers a free consultation to discuss the details of your legal matter.
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Burg Simpson is a national leader in construction defect litigation. Our construction defect attorneys have been fighting for the rights of homeowners and homeowner associations for more than 25 years. In 2021, Burg Simpson Eldredge Hersh & Jardine, P.C. was recognized by Best Law Firms® and U.S. News & World Report when they named Burg Simpson’s Construction Defect Department “Metropolitan Tier One,” the highest available ranking.
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Statutes of limitation apply, so do not wait, call the construction defect lawyers at Burg Simpson today at (720) 689-1116.