Title 33 – Property

Chapter 18 – Homeowners’ association Dwelling Actions

Article 1 – General Provisions

• In this chapter, unless the context otherwise requires:
• 1. "Community documents" means condominium documents as defined in section 33-1202 or community documents as defined in section 33-1802, including covenants, conditions and restrictions and deed restrictions applicable to the dwelling.
• 2. "Dwelling" means a newly constructed single family or multifamily unit designed for residential use and property and improvements that are either owned by a homeowners’ association or jointly by all of the members of a homeowners’ association. Dwelling includes the systems, other components and improvements that are part of a newly constructed single family or multifamily unit at the time of construction.
• 3. "Good faith" means honesty in fact in the conduct or transaction concerned.
• 4. "Homeowners’ association" means an association as defined in section 33-1202 or 33-1802.
• 5. "Homeowners’ association dwelling action" means any action involving a construction defect as defined in section 12-1361 filed by a homeowners’ association against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling.
• 6. "Seller" means any of the following:
• (a) Any person, firm, partnership, corporation, association or other organization that is engaged in the business of building or selling dwellings.
• (b) Any person, firm, partnership, corporation, association or other organization that performs functions relating to or furnishes the design, specifications, surveying, planning, supervising, testing, constructing or observation of the constructing of a dwelling.
• (c) A real estate broker or salesperson as defined in section 32-2101.