Dispute Resolution Guidelines

HOW DO I FILE A COMPLAINT WITH THE HBAL?

The Association recommends the Homeowner send a written notice for complaint(s) to the Builder. In the letter, the homeowner needs to list all the problems in which they are requesting action. The Builder needs to be given appropriate time to respond which the Association considers fourteen (14) days to be adequate time.

After the fourteen (14) day period and/if you have not received a respond from your Builder, you may send a letter of complaint to the Home Builders Association and request conciliation. The homeowner will need to submit a conciliation fee of $200 along with complaint form for administration cost. Registered Builder/Remodeler will be billed $200 when a team is assigned for conciliation. The provisions shall not apply unless the Builder is at all times during the conciliation process, a member of the Home Builders Association of Lexington.

In the letter to the Association, you need to provide the closing date on your home and list the complaints you are wanting addressed. The Association also needs a copy of the one year warranty and a copy of the letter sent to the Builder.

WHAT IS A CONCILIATION?

The Association will have at least two members of the Conciliation Team from the Professional Standard and Registration Committee conciliate between the homeowner and builder. The three parties will meet on site reviewing the list of complaints and attempting to reach an agreement between the homeowner and builder.

Conciliation is limited to the construction of your home. The intent is to ensure all work follows the guidelines of the National Association of Home Builders as provided in the Residential Construction Performance Guidelines. All other concerns are not within the jurisdiction of the Home Builders Association of Lexington.

The Association provides the conciliation procedure only as a service to its members and the home buyer and does not undertake or guarantee, expressly or implied, to perform any obligation of Builder resulting from such procedure. If the parties are unable through conciliation to mutually resolve any controversy or claim arising out of or relating to the limited warranty, or an alleged breach thereof, then it shall be settled by binding arbitration in accordance with the Rules of Mediation Center of Kentucky, Inc., and the Kentucky Arbitration Act.

ONE YEAR WARRANTY

The Home Builders Association of Lexington only has jurisdiction during the one year period after the closing date. Complaints can only be accepted up to thirty (30) days after the one year period. If you are outside the stated time period, the Better Business Bureau, 859-259-1008.

The Home Builders Association of Lexington has found the conciliation process to be agreeable to both the Homeowner and Builder.

This process is current as of January 1, 2008