60-4709.Association action for construction defectsin common-interest community; majority vote.(a) An association may bring an action to recover damagesresulting fromconstruction defects in any of the units, common elements or limited commonelements of thecommon-interest community only:
(1) Upon a vote of the units' owners to which at least a majority of thevotes of themembers of the association are allocated; and
(2) upon a vote of the executive board of the association.
(b) An association or an attorney for an association shall not employ aperson to performdestructive tests to determine any damage or injury to a unit, common elementor limitedcommon element caused by a construction defect unless:
(1) The person performing the tests is someone in the business of performingsuch testsand analysis;
(2) the person performing the tests has provided a written schedule forrepairs;
(3) the person performing the tests is required to repair all damageresulting from suchtests in accordance with state laws and local ordinances and codes relatingthereto; and
(4) the association or the person so employed obtains all permits required toconductsuch tests and to repair any damage resulting from such tests.
(c) An association may commence an action only upon a vote or writtenagreement ofthe owners of the units to which at least a majority of the votes of themembers of the associationare allocated. In such a case, the association shall provide written notice tothe owner of eachunit of the meeting at which the commencement of an action is to be consideredor action is to betaken within 21 calendar days before the meeting.
(d) In the absence of a contractual provision to the contrary, the executiveboard of an association, without giving notice to theunits' owner's,may employ a contractor and such other persons as are necessary to make suchrepairs to a unitor common element within the common-interest community as are required toprotect the health,safety and welfare of the units' owners.
60-4709.Association action for construction defectsin common-interest community; majority vote.(a) An association may bring an action to recover damagesresulting fromconstruction defects in any of the units, common elements or limited commonelements of thecommon-interest community only:
(1) Upon a vote of the units' owners to which at least a majority of thevotes of themembers of the association are allocated; and
(2) upon a vote of the executive board of the association.
(b) An association or an attorney for an association shall not employ aperson to performdestructive tests to determine any damage or injury to a unit, common elementor limitedcommon element caused by a construction defect unless:
(1) The person performing the tests is someone in the business of performingsuch testsand analysis;
(2) the person performing the tests has provided a written schedule forrepairs;
(3) the person performing the tests is required to repair all damageresulting from suchtests in accordance with state laws and local ordinances and codes relatingthereto; and
(4) the association or the person so employed obtains all permits required toconductsuch tests and to repair any damage resulting from such tests.
(c) An association may commence an action only upon a vote or writtenagreement ofthe owners of the units to which at least a majority of the votes of themembers of the associationare allocated. In such a case, the association shall provide written notice tothe owner of eachunit of the meeting at which the commencement of an action is to be consideredor action is to betaken within 21 calendar days before the meeting.
(d) In the absence of a contractual provision to the contrary, the executiveboard of an association, without giving notice to theunits' owner's,may employ a contractor and such other persons as are necessary to make suchrepairs to a unitor common element within the common-interest community as are required toprotect the health,safety and welfare of the units' owners.
60-4709.Association action for construction defectsin common-interest community; majority vote.(a) An association may bring an action to recover damagesresulting fromconstruction defects in any of the units, common elements or limited commonelements of thecommon-interest community only:
(1) Upon a vote of the units' owners to which at least a majority of thevotes of themembers of the association are allocated; and
(2) upon a vote of the executive board of the association.
(b) An association or an attorney for an association shall not employ aperson to performdestructive tests to determine any damage or injury to a unit, common elementor limitedcommon element caused by a construction defect unless:
(1) The person performing the tests is someone in the business of performingsuch testsand analysis;
(2) the person performing the tests has provided a written schedule forrepairs;
(3) the person performing the tests is required to repair all damageresulting from suchtests in accordance with state laws and local ordinances and codes relatingthereto; and
(4) the association or the person so employed obtains all permits required toconductsuch tests and to repair any damage resulting from such tests.
(c) An association may commence an action only upon a vote or writtenagreement ofthe owners of the units to which at least a majority of the votes of themembers of the associationare allocated. In such a case, the association shall provide written notice tothe owner of eachunit of the meeting at which the commencement of an action is to be consideredor action is to betaken within 21 calendar days before the meeting.
(d) In the absence of a contractual provision to the contrary, the executiveboard of an association, without giving notice to theunits' owner's,may employ a contractor and such other persons as are necessary to make suchrepairs to a unitor common element within the common-interest community as are required toprotect the health,safety and welfare of the units' owners.
