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AB 1903 Potential Gutting of Construction Defect Protections

What It Means for Community Associations and Homeowners and Why We're Asking for Your Help!

AB 1903: Potential Gutting of Construction Defect Protections — What It Means for Community Associations and Homeowners and Why We’re Asking for Your Help!

Promulgated under the guise of helping to spur new construction of condominiums while tamping down on supposed profligate construct defect litigation, Assembly Bill 1903 (AB 1903) would substantially change how construction defect claims are handled in common interest developments and negatively impacts homeowners’ rights to recover the costs to repair defective construction from the developers of their housing.

Among its key provisions, AB 1903 would:

• Create a new “certified building” process, allowing developers to obtain protected status through private inspections, with inspectors they handpicked. Talk about letting the fox in the hen house!
• Require homeowners and associations to meet heightened evidentiary standards before bringing claims, including proof of actual, non-speculative damage and essentially forcing homeowners to suffer the known negative consequences of the defect before being compensated to fix it.
• Limit the ability to recover certain costs, including investigative expenses.
• Expand developers’ rights to repair, including broad access rights and the ability to obtain complete releases of claims in exchange for repairs or payments, even if the repairs are ineffective to solve the problems.
• Restrict homeowners associations’ authority to bring claims involving separate interests.
• Require detailed and burdensome pre-litigation notice requirements.
• Allow dismissal of lawsuits if strict procedural requirements are not met.

For over 35 years, Berding|Weil has been at the forefront of protecting California’s homeowners and holding developers accountable for the costs associated with repairing the defective housing they build, we oppose AB 1903 because it:

• Weakens consumer protections.
• Shifts risk from developers to homeowners.
• Undermines the role of community associations.
• Creates procedural traps and increased litigation risk.
• Prioritizes speed of development over construction quality.

How You Can Help? Take Action and Make Your Voice Heard

AB 1903 will have far-reaching consequences for community associations and homeowners across California. It is critical that lawmakers understand the real-world impact this bill will have on the communities they represent.

We strongly encourage homeowners, board members, and community managers to take a moment to voice their opposition. You can easily submit a letter to your legislators through the coalition’s advocacy form below:

Submit your opposition letter here: https://forms.gle/fD4hDBXMBgCMrPSD7

Thank you for your support!

If you have questions about how this legislation may impact your community, please contact jjackson@berdingweil.com.

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