The Issue

Your HOA Board has retained the law firm McKenzie Mena LLP to begin a construction defect claim against the builder — without a homeowner vote, input, or community discussion.

This violates Section 2.11.3(viii) of our Bylaws, which requires member approval and full transparency before the Board enters into a contingency-fee legal contract exceeding $40,000.

Why This Matters

• Lawsuits can delay or prevent home sales and make it harder for buyers to get mortgages.
• Legal action can reduce home values and void 10-year builder warranties.
• Homeowners may still face special assessments and out-of-pocket costs. 

We have other options.

Many exterior issues, like stucco and trim repairs, can often be fixed directly, without hiring a contingency law firm that could take nearly half of any settlement recovered from the builder.

Most experts advise waiting until closer to the 10-year warranty period to file construction claims, when all potential defects are known.

We, the undersigned homeowners, pursuant to our Association’s Bylaws, request that the Board:

1. Provide a copy of the executed contract showing that the total amount payable by the Association does not exceed $40,000; and
2. If the contract exceeds $40,000, immediately hold a homeowner vote in accordance with Section 2.11.3 of the Bylaws.

SIGN THE PETITION TO FORCE A VOTE