Blog

The Who What When and Why of Transition Site Inspections

By Burg Simpson

September 11, 2019   Colorado Construction Defects

The transition process is often focused on the election of board members. But, in reality, that is only the beginning of the transition. It is what comes after a majority of the board is owner-elected that is important to the success of the community association.  As we have discussed in prior posts, transition is a process not an event.  A Transition Site Inspection is one of the most useful and important tools a board can use to insure that the association is healthy, viable and efficient in the future.

WHAT:  A transition site inspection is a thorough inspection of the physical components of the association by appropriate experts.  The inspection is generally focused on the common elements the association is responsible for maintaining, repairing and replacing.  So, in a condominium this would include all building components (roofs, siding, electrical, plumbing, foundations, landscaping, sidewalks, amenities, etc.) and in a single-family community it would likely focus on amenities like clubhouse, pools as well as open spaces and possibly even streets.

WHO:  Inspections are generally done by an engineer or professional construction manager but can also involve specialists as well. For example, an association with a rooftop pool may need to have someone experienced with rooftop pools evaluate it.

WHY:  A transition site inspection gives the board a complete understanding of the condition of the property the association is responsible for maintaining.  As a result, the board can budget accordingly, share this information with its Reserve Specialists and, if necessary, seek assistance from a construction defect attorney to secure necessary money to address defects if the initial construction was not done properly. There are various statutes that limit the time frame in which these types of claims– some as early as 2 years after transition.  Therefore, it is essential that the inspection be done early so as not to bar the association from filing a lawsuit, if necessary.

WHEN:  Ideally an inspection would be done soon after transition of the board to owner control but it may also occur anytime the board or manager believes there are particular areas of concern because of excess maintenance expenses, chronic problems or complaints.

If you need help locating someone to assist your community with a transition site inspection feel free to reach out to us at lsanchez@burgsimpson.com.

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 Top 25 Most Influential Lawyers