The Right to Repair Act Means What it Says and Says What it Means

Legislation word on paper in typewriter

In Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, the 4th District Court of appeals examined provisions of the Right to Repair Act, also known as “SB 800” after its original bill number, as it applies to roofs.

December 18, 2022
Garret Murai - California Construction Law Blog

A rather short case for a short week.

In Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, 82 Cal.App.5th 303 (2022), the 4th District Court of appeals examined provisions of the Right to Repair Act (Civ. Code §§895 et. seq), also known as “SB 800” after its original bill number, as it applies to roofs.

The Gerlach Case
Lynn Gerlach and Lola Seals are homeowners who purchased their homes in the Four Seasons at Beaumont adult community, for those 55 year old and older, located in Beaumont, California. Gerlach purchased her home when it was built in 2006. Seals purchased her home from the original owners in 2015.

In 2015 and 2016, Gerlach and Seals served the developer, K. Hovnanian’s Four Seasons at Beaumont, LLC, with claim notices under the Right to Repair Act. The Right to Repair Act, as its name implies, provides notice requirements and repair rights by developers of new single-family homes. The Right to Repair Act also includes construction standards, the violation of which, provides homeowners with a statutory basis for bringing construction defect claims.

Mr. Murai may be contacted at gmurai@nomosllp.com



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