Notification Procedures
Proper notification is essential to protect your rights under the Limited Warranty.
Notification Requirements
If you become aware of a condition that you believe is a construction defect under this limited warranty, you must notify us via our homeowner portal as soon as it is reasonably possible, after you have become aware or should have become aware of a construction defect.
Important: Your written notice of a construction defect or your written request for warranty performance may not be postmarked or received by us later than thirty (30) days after this limited warranty has expired.
If the written notice is postmarked or received by us more than thirty (30) days after the expiration of this limited warranty, we shall have no obligation to remedy the construction defect.
In order to establish a record of timely notification, written notice should always be sent by mail or by submitting a web request via our website.
Cooperate With Us
You must give us and any third parties acting on our behalf reasonable help in inspecting, investigating, testing (including destructive testing), monitoring, repairing, replacing, or otherwise correcting an alleged construction defect.
Help includes, but is not limited to, granting reasonable access to the home or common elements for the foregoing purposes. If you fail to provide such reasonable access to the home or common elements, we will have no obligation to do any of the foregoing.
Do Not Make Voluntary Payments
You agree not to make any voluntary payments or assume any obligations or incur any expenses for the remedy of a condition that you believe is a construction defect without prior written approval from us, or other parties authorized to act on our behalf.
We will not reimburse you for costs incurred when you did not obtain prior written approval.
If You Disagree With Us
If you believe we have not responded to your request for warranty performance to your satisfaction or in a manner that you believe this limited warranty requires, you may provide written notice to us requesting mediation.
Upon our receipt of written notice from you, we may review and mediate your request by communicating with you and any other individuals or entities that we believe may possess relevant information, or schedule mediation with a mediator acceptable to both parties.
If after forty-five (45) days, we or a mediator selected by both parties is unable to successfully mediate your request for warranty performance or at any earlier time when we determine that you and we are at an impasse, we will notify you that your request for warranty performance remains unresolved and that you may elect to initiate binding arbitration.