Selling every unit doesn't end a builder's responsibility for the work behind them. Most states hold builders to a defined statutory warranty period covering structural elements, common-area systems, and workmanship — roofs, foundations, shared plumbing and electrical, and similar components that individual homeowners don't control but the whole association depends on.
These obligations exist independently of any private warranty the builder chose to offer — they're a floor set by state law, not something a builder can simply decline to provide.
Common categories of builder warranty obligations include:
Coverage length and scope vary significantly by state and by component — structural warranties often run longer than workmanship warranties, for example.
When a builder doesn't address a covered defect, the association can escalate to a formal construction defect claim — a legal action seeking repair costs or damages. Most states require some form of pre-litigation notice or right-to-repair process before a claim can proceed, giving the builder a defined opportunity to fix the issue first.
Builders who track warranty timelines and respond to reported issues promptly rarely end up in formal disputes — most claims arise after repeated requests go unanswered, not from the defect itself.
Explore more terms in the HOAworks glossary, read expert insights on our blog, or take the next step with a free demo.