Who normally files suit against the builder?
An association has the legal capacity or standing to bring a lawsuit for damages to the common areas, damages to the separate interests which the association is required to maintain or repair, and damages to the separate interests arising out of or related to damage to the common areas that the association is required to maintain or repair. As such, the association is the proper party to bring an action for construction defects. Individual homeowners may also file suit if required and appropriate.
