Am I Entitled To A Notice Of Commencement?

Hi All,

Here is my situation: My HOA is going after the developer of the building based on the building warranty and statute of limitations. I am currently working on a sale of my unit and the buyer's lender would like to see a copy of the 'Notice Of Commencement' related to the dispute with the developer. The loan will not proceed without this information so I am in a tough spot. Note there is not currently a lawsuit and everything should be handled outside of court.

My question: Am I entitled to this information as an HOA member or is it considered 'privileged' information protected by attorney-client privilege? I've searched through civil code and governing documents and haven't been able to find anything concrete on this. Hoping someone here has dealt with a similar situation and has some insight to share.

Thank you for your time.

What is a "Notice of Commencement?" I never heard that term before.

tim,

Both of the documents that are titled "notice of commencement" are notices to the building inspector that construction work has begun and an initial inspection is requested.

My understanding is that this building was completed some time ago and has been lawfully occupied. I cannot understand how or why a lender would need this document nor do I understand why they would request it from the OP who is neither the builder nor the building department where such records are kept.

The OP wrote: "the buyer's lender would like to see a copy of the 'Notice Of Commencement' related to the dispute with the developer." Since the "Notice of Commencement" is a request for an initial inspection during construction I fail to see how this would relate to the association's dispute with the developer some years after construction was completed and the certificate of occupancy was presumably issued.

I would recommend that the OP request clarification from the lender to see just what it is they want to see.