Monument, CO asked in Bankruptcy, Contracts, Real Estate Law and Construction Law for Colorado

Q: When a builder is building a new subdivision - who is responsible for building retaining walls -the developer or the HO

There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him

2 Lawyer Answers
Donald C Eby
Donald C Eby
  • Colorado Springs, CO
  • Licensed in Colorado

A: Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible for the maintenance and upkeep. However, the HOA could bring suit against the developer if the walls were negligent constructed.

This could get complicated, I recommend that you contact an attorney to dig into the facts a little deeper.

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: More info is needed to properly answer this question. Try and locate the design plan or the operating agreement between the HOA and the builder to determine at what point responsibility shifts from one to the other. You should consult a construction law attorney to determine The best way to proceed.

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