S.F. No. 3224 Summary

• Adds definition of "construction defect claim" to cover civil actions or arbitration against development parties for damages caused by design or construction defects in common interest community improvements.

• Requires associations to notify unit owners before pursuing construction defect litigation and obtain written consent of owners representing at least two-thirds of total votes (excluding declarant votes) before proceeding.

• Mandates mediation as a prerequisite to any construction defect claim, with parties selecting a mutually agreeable mediator or petitioning the district court for appointment if no agreement is reached.

• Adds definition of "development party" to include architects, contractors, construction managers, subcontractors, developers, declarants, engineers, and inspectors involved in design, supervision, or construction of improvements.

• Excludes construction defect claims from attorney's fees and punitive damages provisions otherwise available in common interest community disputes.