What Are The Primary Differences Between The Calderon Act and SB 800?
During 1995, “meet and confer” requirements were added to the The Davis-Stirling Common Interest Development Act (California Civil Code sections 1350-1376). In essence, the 1995 changes set forth certain procedural requisites that had to be satisfied before a homeowner’s association could file a lawsuit against the developer. During 2001, those procedural requirements were further modified. Those requirements will be hereafter referred to as the Calderon Requirements. SB 800 specifies “the rights and requirements of a homeowner to bring an action for construction defects, including applicable standards for home construction, the statute of limitations, the burden of proof, the damages recoverable, a detailed pre-litigation procedure, and the obligations of the homeowner.” Most importantly, the SB800 gives the developer an opportunity to repair the alleged defective work prior to the commencement of litigation. While the Calderon Act did not allow the developer an opportunity to correct
