Breaking: Commissioners Plan to Weaken Homeowner Rights, Critics Say

Construction defect ordinance scheduled for Tuesday, December 16th

Douglas County commissioners have introduced an ordinance that critics say would weaken homeowners’ rights by allowing builders to limit legal action over construction defects and restrict HOA lawsuits. A public hearing is scheduled for Tuesday, Dec. 16 at 2:30 p.m. in Castle Rock during the Commissioners’ Land Use Board meeting.

The proposed ordinance would significantly weaken homeowners’ rights related to construction defects. According to the homeowner’s advocacy group Build Our Homes Right, the measure would allow builders to enter homes and carry out repairs without homeowner approval, potentially forcing quick, superficial fixes rather than comprehensive solutions. Critics argue the ordinance shifts control away from homeowners and reduces accountability for shoddy construction.

The County’s webpage for the proposed ordinance suggests homeowners will come out ahead with the new rules, but a reading of the actual ordinance shows that homeowners will be required to go through several new bureaucratic hurdles like sending claims via certified mail, granting the county a right to inspect an alleged defect and weigh-in during the process, and forcing homeowners into mediation. The ordinance does envision a scenario in which a non-responsive builder loses protections under the ordinance.