HB 2255 Summary: Purchaser Dwelling Actions

• Reduces statute of limitations for dwelling action lawsuits from 8 years to 6 years after substantial completion of improvements, and reduces statute of repose from 9 years to 7 years.

• Requires purchasers to provide written notice to sellers before filing dwelling actions, giving sellers the right to inspect, respond within 60 days, and repair or replace alleged construction defects instead of paying damages.

• Tolls statutes of limitations during the notice and repair process for 30 days after substantial completion of repairs, allowing sellers additional time to remedy defects.

• Shifts attorney fees determination from mandatory to discretionary awards, requiring courts to evaluate overall success of parties and consider settlement offers made during the repair process.

• Applies notice and repair requirements to homeowners' associations filing dwelling actions and requires associations to disclose material information to members before authorizing litigation, including anticipated costs and impacts on property values.