8-2-42. Associations; bribery prohibited; applicable procedures.

A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction defect. As used in this Code section, the term “anything of value” shall not include payments, services, or other items of value which the recipient would otherwise be entitled to receive under an existing contract.#

A property manager retained by an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association that he or she manages to file a claim for damages arising from a construction defect.#

A member or officer of an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association of which he or she is a member or officer to file a claim for damages arising from a construction defect.#

A person who knowingly violates subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor.#

An association may bring an action against a contractor to recover damages resulting from construction defects in the common area of a common interest community, provided that:#

1. (1)

   The members of the association have voted to approve commencement of an action by two-thirds of the votes cast, by statutory written ballot as provided in Code Section 14-3-707 or have approved commencement of an action by the affirmative vote of at least two-thirds of the total membership at a meeting of the members at which a quorum is present;#

2. (2)

   The board of directors of the association and the contractor have met in person and conferred in a good faith attempt to resolve the association’s claim, or the contractor has definitively declined or ignored the requests to meet with the board of directors of the association; and#

3. (3)

   The association has otherwise satisfied all of the preaction requirements for a claimant to commence an action as set forth in this part.#

At least three business days in advance of the meeting at which the association members vote or at the time a statutory written ballot is circulated to the members to obtain approval of an action to recover damages resulting from construction defects in the common area of a common interest community, the association shall provide each owner a copy of the notice of claim provided to the contractor and an additional written description of claims and the reasons the board of the association is recommending consideration of the litigation.#

An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a dwelling or common area caused by a construction defect unless:#

1. (1)

   The person is licensed as a contractor pursuant to law;#

2. (2)

   The association has obtained the prior written approval of each owner whose dwelling will be directly affected by such testing;#

3. (3)

   The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests; and#

4. (4)

   Reasonable prior notice and opportunity to observe the tests is given to the contractor against whom an action may be brought as a result of the tests.#

The board of directors of an association may, without giving notice to the owners, employ a contractor and such other persons as are necessary to make such immediate repairs to a common area within the common interest community as are required to protect the health, safety, and welfare of the owners.#