Homes by WestBay Homeowner Maintenance Manual

Transcription

1 Homes by WestBay Homeowner Maintenance Manual

2 HOMEOWNER S MAINTENANCE MANUAL HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 2

3 Table of Contents 1. Welcome to Your New Home Your Builder Quality Assurance... 8 a. Pre-closing Orientation... 8 b. Access to Your Home After Closing... 9 c. How to Request Warranty Service Emergencies a. Utility Shut-Off Procedures b. Total Loss of Heat/Air Conditioning c. Total Loss of Electricity d. Total Loss of Water e. Total Sewer Stoppage f. What the WestBay Warranty is /10 Home Builder s Warranty Homeowner Maintenance a. Effects of Weather and Temperature b. Settlement c. Appliances d. Cabinets e. Concrete f. Electrical System g. Exterior Finishes h. Floors i. Heating and Air Conditioning j. Landscaping, drainage, and grading k. Mold l. Paint m.plumbing Systems n. Water Heater o. Roof p. Windows Maintenance Schedule HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 3

4 Homes by WestBay Mission Statement Homes by WestBay strives to deliver a better way of life to homebuyers in Tampa Bay through the best customer experience in the Industry. We deliver exceptional quality, and value in our price range, superior design, and we lead the market in customer satisfaction. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 4

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6 1. Welcome to Your New Home The entire staff at Homes by WestBay takes great pride in the process of creating your new home and would like to congratulate and thank you for choosing Homes by WestBay. This manual will provide you with the important information you need to have about your new home, its limited warranty, the care and maintenance you will need to provide, and the Homes by WestBay Quality Assurance procedures. The Quality Assurance section of this manual helps to describe our normal Customer Care procedures, which are the procedures you will use to obtain performance under the Homes by WestBay limited warranty. It also contains procedures to use in case you need Emergency repairs to your home. Copies of a warranty request form typically used to request nonemergency repairs are included in this manual and available by visiting us on the web at hovering over the Homeowners tab, and clicking submit a warranty request. In the Warranty section, we have provided a copy of the limited Home Buyers Warranty, which details the limited warranty coverage provided by Homes by WestBay for your new home. Please review it carefully and thoroughly. In the Performance Standards section, we describe the features of various components of your new home and the condition or level of performance that you can expect at the time of your New Home Orientation, and throughout the term of your Limited Warranty. We have also provided a Maintenance section that outlines Homeowner maintenance requirements as well as suggested schedules for maintenance. This will help to keep your home in excellent condition at all times. Please pay close attention to the maintenance section of this manual, and contact the Quality Assurance Department if you have any questions. We trust that you will find this manual both helpful and informative. WE URGE YOU TO INVEST THE TIME TO READ THE MANUAL CAREFULLY AND COMPLETELY. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 6

7 2. Your Builder Value and Design After decades of building homes in the Tampa Bay area, the Homes by WestBay team presents new homes created for today's lifestyles. We have taken the best of proven concepts and adapted these plans to your changing needs. Whether you work from home, live with extended family, pursue your artistic talents, or entertain your many friends, you will find design options that fit your varied lifestyle. We are a homebuilder with the unique ability to personalize our plans, allowing you to truly make our plans, yours. Want to add a room, delete an area, expand a living area, or even "raise the roof" of your new home? Homes by WestBay can do it. Our Relationships and Our Promise of Delivery With our years of experience, comes a promise to consistently deliver our new homes - 100% complete - on time. Our ability to make this promise comes from our long standing relationships with Tampa's best suppliers, sub-contractors, lenders and other local professionals. Customer Experience Homes by WestBay's outstanding team of Sales and Construction professionals will deliver an exceptional home building experience through every step of the process from choice of home site and floor plan, selection of options and designer features to financing, and construction. Moreover, our construction team ensures continued involvement throughout the building process with regularly scheduled meetings with our homebuyers. Our goal is to provide you with the opportunity to know your WestBay home inside and out. Ultimately, our customers live under the Homes by WestBay Quality Assurance umbrella, with an industry leading two year warranty on defects in craftsmanship and workmanship where other Builders only provide 1 year! Locally Owned and Operated Homes by WestBay is proudly owned and operated by long time Tampa Bay residents; who are often heard to say, We love where we work and live. As such, we are committed to sharing our love of the many Tampa Bay lifestyles with you. As long time residents, we have specifically created our homes for you to experience the best of Tampa Bay living. Our local experience also goes into building homes that minimize their impact on the environment and can face nature's occasional challenges. When you, your friends, family, or co-workers are searching for the perfect home in which to build a future then look for the WestBay difference! HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 7

8 3. Quality Assurance Homes by WestBay is committed to excellence in everything we undertake, and our outstanding Quality Assurance Department is a prime example of that commitment. Our Quality Assurance Representatives are trained building professionals who are ready, and able to respond to your needs in a courteous and timely manner. The Quality Assurance Procedure Pre-Closing Orientation Your pre-closing orientation will typically occur about 5 to 7 days prior to your close of escrow and will provide you with the opportunity to view and enjoy the completion of your new home. Your Homes by WestBay Construction Manager will accompany you, pointing out and demonstrating the various components and operating systems within your home. Ask questions, join in. This is your opportunity to learn how your new home operates and to locate several things that you will need to know about such as water shut off, panel locations, and most importantly, how to contact the Quality Assurance Department for your service needs as you transition from your Construction phase, into your Warranty phase. Please make special note that any deficiencies to the following items must be noted on the Pre-closing orientation checklist found on page 2. Due to the likelihood of damage during, or after move-in, Homes by WestBay will not be responsible for these items after the pre-closing orientation unless they are specifically noted on page 2 of the checklist: Appliances: Scratches, dents, or damage of any kind Cabinets and Cabinet doors: Scratches, chips, or damage of any kind Tile: Broken, chipped, cracked or damaged on floors or walls Countertops: Scratches, chips, or damage of any kind Doors and door hardware: scratches, or damage of any kind Drywall: Scuffs, chips, holes, or damage of any kind Electrical fixtures: Scratches, chips, broken glass, light bulbs not working Exterior stucco and siding: Chips, scratches, scrapes, or damage of any kind Fireplace doors: Scratches, chips, or damage of any kind Floor covering (wood and carpet): Tears, scratches, chips, or damage of any kind Landscaping: Broken, damaged, or non-working irrigation heads or lines, and dead or dying sod or plant materials Mirrors: Scratched, chipped, cracked, or broken HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 8

9 Paint: Marred, scratched, or damaged on walls, doors, ceilings, or trim, inside or outside Plumbing fixtures: Scratches, chips, cracks, or damage of any kind Roof shingles or tile: Cracks, chips, tears, or damage of any kind Screens: Missing, torn, or damage of any kind Sinks, tubs, and showers: Scratches, chips, or damage of any kind Windows: Scratches, chips, broken or cracked glass of any kind All of the above items are considered cosmetic in nature, and these items are not covered under warranty. Please be sure to inspect these items thoroughly and completely with your Construction Manager prior to the closing of your home, as Homes by WestBay will not be responsible for these items after closing. Access to Your Home After Closing After the close of your new home, from time to time it may be necessary for your Homes by WestBay Quality Assurance Representative to gain access to your home to make repairs to covered deficiencies. Service calls are scheduled between the hours of 8:30 am and 4:00 pm Monday through Friday. We will contact you to let you know when we would like to gain access to your home to do needed repairs or replacements. It will be required for either you, or a designee of your choice (over 18 years old) to be present to allow us to enter your home to do the needed work. We will make every effort to schedule repairs at your convenience; however, we will need your cooperation to permit us to complete any inspections and repairs in a timely manner. It may also be important to note that service work may be delayed or prolonged because of special scheduling requirements. Requests for repairs or service will usually be completed within 30 days after the written request is first made following the procedures explained in this warranty manual. Quality Assurance Requests Requests for repairs after the closing of your home MUST be covered under the written warranty, and MUST be requested in writing. Homes by WestBay has provided a convenient web based process for requesting repairs. The web location for this request form is: The following is a screenshot to help familiarize you with the look of this screen. All requested information must be filled in on this screen, including as much detail as possible about the defect. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 9

10 If you believe, you have a covered repair to be made, please review the Warranty and performance standards included in this manual prior to submitting the request. This section will help clarify if there is a deficiency to be corrected through Homes by WestBay, if it is covered by a separate manufacturer s warranty, or if it is your responsibility as a maintenance issue. If after review of the guidelines, you believe there is a deficiency to be addressed, please do so in a timely manner either as a non-emergency request, or an emergency request as the case may be. Our Sales staff is not responsible for, nor qualified to make judgments regarding repairs or replacements. All such decisions must originate from our Quality Assurance Department. If you believe you have an Emergency situation requiring immediate attention, please refer to the Emergency section of this manual. If the situation is a Non-Emergency, please follow the instructions below for requesting service. How to request Repairs for Non-Emergency Situations For your protection, and to allow us to maintain accurate and complete information on your home, ALL requests must be made in writing through the Homes by WestBay website at: As an alternative method, if for any reason our website is unavailable, requests can be ed to WARRANTY@WESTBAYTAMPA.COM. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 10

11 Please fill out ALL of the requested information on the form, including your closing date, address, and contact phone number. As you fill out the request, remember that we need as much detail as possible, including the room location. For example, if you develop a plumbing leak under the sink in your guest bath, please provide that level of description. Telephone, or face-to-face discussions, will not be considered as providing notice for a service request. All requests under the Warranty must be in writing. When we receive your written request, we will determine if the item is covered under the Homes by WestBay Limited Warranty;, if it is covered by a separate manufacturer s warranty, or if it is a Home Owner maintenance item. In most cases, we may need to examine the item for better evaluation and to fully understand the nature of the request to determine what action may need to be taken. Items that are determined to be the responsibility of separate manufacturer s warranty can usually be scheduled over the phone directly with that manufacturer. The product manufacturer and their phone numbers are listed in the separate manufacturer s warranty documents that you received with your closing documents, or that were located in your home at the time of your pre-closing orientation with your Construction Manager. Reasonable cooperation is needed to allow us access to your home to address any covered repairs, including access to investigate, evaluate, repair, monitor, replace or correct items found to be defective. We do not reimburse for any time taken off from work for any repairs. You must also not pay for repairs, or assume any obligations to pay for any repairs to remedy any situation for a claimed defect without Homes by WestBay s prior written approval. These items will not be reimbursed. Homes by WestBay will not be responsible for expenses you encounter for any work performed by persons other than those designated by Homes by WestBay, without prior written approval from Homes by WestBay. Our Quality Assurance Representatives in the field do not have the ability to authorize work done by others, or to extend the Limited Warranty in any way. Requests for non-emergency repairs are usually completed within 30 days of receipt. Occasionally, due to circumstances beyond the control of Homes by WestBay, this process may take longer than 30 days. Delays can be the cause of shortages in material or labor, back orders, weather problems, or other unanticipated events. Communication in this situation is our approach to keeping you up to date for any timeline delays. Some service calls may need to be scheduled over several days based on the sequence of work to be done. This process allows the Quality Assurance department to complete repairs more efficiently. Once work has been completed, you will be asked to sign an acknowledgment that the work is done and possibly, where appropriate, a release of claims relating to the repaired or replaced defect. Any such release will not prevent you from making claims on any subsequent or different construction defects. In the event a dispute arises relating to any Quality Assurance issues for any covered claim, such disputes will be resolved pursuant to the arbitration procedures defined in section VI of the Limited Home Builders Warranty. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 11

12 4. Emergencies Emergencies are defined as a defect or problem that causes the home to be uninhabitable, causes immediate danger to the occupants, or poses the likelihood of significant damage to the property, your home, or the home site. These may include the following: A. Total Sewer Stoppage: This is defined as a stoppage or situation in which the plumbing or plumbing drainage system stops working completely. This would cause ALL of your sinks, tubs, toilets, showers, and faucets to function incorrectly. A single toilet, tub, or sink stoppage is not an emergency situation. B. Water Supply Leak: This is defined as a water leak that forces you to shut off the main water supply to your home from the city connection. A leak that can be isolated at a single location such as a toilet or sink, and shut off at that location, is not defined as an emergency situation. Please follow the water shut off procedure reviewed at your preclosing orientation to isolate this type of leak and follow the general warranty request procedure. C. Total Electrical Failure: Defined as a situation where you lose power to your entire home and you have verified that your neighbors power is functioning properly. If the power failure is more widespread, please contact your utility service provider. D. Natural Gas Leak: If there is a Natural Gas leak, please immediately shut the gas off at the meter and immediately contact your Gas Service provider. E. Total Loss of Water, Heat, A/C, or other circumstance that endangers the occupants of the home: Emergency service contacts are provided for your safety and peace of mind. Each of the Mechanical Contractors who worked on your Electric, Plumbing, Gas, and HVAC systems has provided an emergency number for these situations. This number can be found on the warranty sticker that was demonstrated at your pre-closing orientation. This warranty sticker is located on your electric panel, most likely in your garage. In case of an emergency situation, your first response should always be to protect your family from any risks. If the situation does not pose imminent danger, you should make every effort to limit any effects or damage from the situation (such as shutting off water, gas, etc.) and then you should contact the emergency service number that fits your situation. In case of an emergency situation after normal business hours, you should contact the Contractor first, followed by Homes by WestBay through the website. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 12

13 A Homes by WestBay Quality Assurance Representative will contact you to offer assistance and to advise what procedure you should be following. Do not delay in reporting any actual emergencies. Damage caused by the delayed response time is not the responsibility of Homes by WestBay nor that of the 2/10 Limited Warranty. Damage to personal property as a result of any defect is also not the responsibility of Homes by WestBay nor that of the 2/10 Limited Warranty. These items would have to be addressed by your Home Owners Insurance policy. Items not covered or deemed un-addressable under this limited warranty include earthquakes, fire, severe weather, or invasions by pests or insects. Your Home Owners Insurance Policy may cover these items or circumstances and you should consult your agent. If the situation is covered by the limited warranty, but does not constitute one of the emergency situations described above, please follow the normal procedures for requesting service listed in the Quality Assurance requests section of this manual. Utility Shut-Off Procedures During your pre-closing orientation with your Homes by WestBay Construction Manager, you will be shown several locations of various types of shut off valves. These shut offs will be demonstrated to you so that in a situation where applicable, you will be able to locate and use the shut off functions. Below is a brief summary of the several types of shut offs you will need to be familiar with. How to Shut Off the Gas Shut the gas off to your new home ONLY if you suspect a leak or can smell excessive amounts of gas in the air. 1. Find the main shut off valve located on your gas meter outside the home 2. Use a wrench and turn the valve in either direction so that it runs crossways on the pipe, this indicates that the valve is closed. 3. Call your gas service provider immediately How to Shut Off the Electricity 1. Locate your electric panel breaker box 2. Locate the main service breaker 3. Flip this breaker completely to the off position HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 13

14 How to Shut Off the Water 1. If the leak is located at a sink, toilet, washing machine, water heater, dishwasher, or other location that has an isolated shut off valve for that specific fixture, turn the valve to the right (clockwise) to tighten and shut off the flow of water. 2. If this does not work, you can use this same procedure at the secondary shut off location on the main water inlet to your home. This is usually located beside you garage. Turn this valve to a crossway position relating to the pipe and this shuts off the flow of water to the home. 3. If this still does not work, locate you water meter provided by your utility service provider. This is most commonly out in the front of your property near the sidewalk on one side of your property or the other. You will need a wrench to close this valve as well. Open the meter box door, locate the brass valve on the water line, and turn it to a crossway position relating to the pipe and this shuts off water flow from the meter 4. Check with neighbors or the local water service provider to verify that the water has not been shut down in your area for routine maintenance. Total Loss of Heat or Air Conditioning If for some reason you lose heat or air conditioning to the entire home, please consult the following list to help identify possible causes. You should fully review all documentation and manuals that came with your HVAC system for the most accurate information on your specific system as these vary a bit from home to home. If our service partners make an emergency service call to simply flip on a switch, replace a fuse, or to reset a breaker, they will charge for this trip and the homeowner will be responsible to pay this charge. Check all of the following items prior to calling for emergency service: 1. Thermostat temperature settings are correct and turned on 2. For heat, ensure that the switch at the furnace is turned on 3. Verify the fuse on the furnace, if it is equipped with one 4. The gas valve on the furnace is turned on if gas powered 5. Verify the breaker on the furnace is seated properly, if equipped 6. Breaker inside the electric panel is on 7. Check the overflow valve line to see if it is clogged and full of water If none of the above items are the cause of the problem, call the HVAC contractor for service assistance at the phone number provided on your warranty sticker. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 14

15 Total Loss of Electricity During your pre-closing orientation, your Homes by WestBay Construction Manager will verify the location of your electric meter (on the outside of your home) as well as the breaker panel location (usually in your garage). Please make note of these locations for future reference. The panel contains all of the breakers that control the flow of electricity throughout your new home. Pay particular attention at the pre-closing orientation as there is also a chance that there may be secondary breakers located inside the main electric panel located outside the home at the power meter location. All breakers will be labeled as to the nature of the circuit they control. There are also secondary disconnects for your outside AC condensers. The locations of these disconnects will be demonstrated at your pre-closing orientation as well. In the event you experience a total loss of power to your new home, please check the main breaker inside the panel first to ensure it is in the on position. Next, check to see if the power outage is more widespread. See if your neighbors have also lost power. Check both of these conditions prior to making an emergency call for service. Please remember, circuit breakers have three (3) positions; on, off, and tripped. Simply switching a breaker from the tripped position, to the on position, will not work. The breaker must first be flipped completely to the off position, and then returned to the on position. IMPORTANT NOTE: If the main breaker trips, or is turned to the off position, please wait 2 to 3 minutes prior to flipping it back to the on position. This helps to avoid overloading the system. If, after checking the items above, none of these remedies works, call the emergency number for the electrician located on your emergency warranty sticker located on your electric panel. Please note, if loss of power is limited to a section, or sections, but not the entire home, this is not considered an emergency situation. If the electric is off in limited areas please use the following troubleshooting suggestions to help determine the nature of the issue you may have. Once checked, you should follow the procedure for requesting normal warranty service as outlined in this manual. 1. Wall switches: If you have an outlet not working please first check to see if this is a half hot outlet controlled by a wall switch. These outlets are usually installed upside down when compared to other outlets and are commonly in bedrooms, the study, and formal rooms such as grand rooms or living rooms. If it is a ceiling light in question controlled by a switch, please first check the light bulb to ensure it is a good bulb. LIGHT BULBS ARE NOT COVERED BY THIS LIMITED WARRANTY. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 15

16 2. GFCI, Ground Fault Circuit Interrupter Outlets: These outlets are manufactured to quickly check for fluctuations in the power current flow and to trip the circuit to avoid injury to persons using the power source. They are commonly installed in wet areas such as kitchens, bathrooms, garages, utility rooms, laundry rooms, and outdoor locations. A reset switch does not always identify these outlets. Even if there is no reset button on the outlet, if it is located in one of the described locations it is wired to a GFCI circuit. Labels saying GFCI are placed on these outlets prior to closing, but over time, and from normal cleaning; these stickers can be rubbed off. If an outlet located in one of these areas does not seem to work, the reset button may be tripped in a different room. It may be necessary to locate this outlet and reset the button for power to come back on the outlet in question. Total Loss of Water There are two (2) ways to shut off ALL of the water to your new home. The first is located at the main water inlet line most commonly located on the side of your garage (verify at your preclosing orientation), and the second is located at the water service providers meter most commonly located at the front of your property. If you lose water to your entire home, you should first check both of these locations to see if for some reason water service has been turned off at either one, or both. You should also check with your neighbors to see if water has been shut off to your community for routine maintenance. If these items do not correct the issue, please call the emergency number for your Plumber, locates on the warranty sticker at your electric breaker panel. Please note, lack of HOT water is not considered an emergency. In the event you have no hot water, you should check either the breaker on your water heater if electric powered or the pilot light if gas powered. Refer to the manual provided with your water heater for further troubleshooting techniques. Plumbing Leaks that Require the Main Water to be Shut Off If a plumbing leak occurs, the first step is to turn off the supply of water to the affected area to prevent further water seepage. If these means that you needed to shut off water to the entire home, than this situation constitutes an emergency and you should immediately contact the Plumber at the emergency number located on the warranty sticker. Please note, having to shut off the water to an isolated item such as a toilet, or sink, does not constitute an emergency. If this is the case, please submit a request for service through the normal procedure described in this manual. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 16

17 Total Sewer Stoppage If a clogged sewer line is preventing you from using water in the entire home, than this issue constitutes and emergency. Please immediately contact the Plumber for your new home at the number provided on the warranty sticker on your electric panel. All drains and sewer lines should operate freely. All of the drains in your new home will have been inspected by the city, county or third part inspector as required by Florida statute prior to the closing of your home. Homes by WestBay will take responsibility ONLY for obstructions or blockages that are a direct result of Construction debris. If the Homes by WestBay Plumbing Contractor is called out for a stoppage, and it is determined not to be the result of Construction debris, the Owner may be subject to the cost of the service call. What the WestBay Warranty is, and what it is not Part of the WestBay difference is our Industry leading 2 year fit and finish warranty. The next section in this manual outlines the specifics of the 2/10 Limited Warranty including warranty standards, performance guidelines, general repair procedures, and exclusions. All of this information is taken directly from 2/10 documentation. You will find in this section that the workmanship coverage is listed as 1 year because this is the coverage that 2/10 usually provides. Homes by WestBay goes exclusively above and beyond by doubling this coverage from 1 year, to 2. This applies only to the section labeled items covered for 1 year. As an additional note (as will be explained at your pre-closing orientation), cosmetic items are excluded from coverage under this warranty. These items are defined further at your preclosing orientation. Any items of a cosmetic nature MUST be brought to the attention of your Construction Manager PRIOR TO CLOSE OF ESCROW or there will be no coverage. Wear and tear is also not covered under the terms of this Limited Warranty. If you have any questions about what may or may not be covered, please consult with your Construction Manager as soon as possible. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 17

18 5. 2/10 Limited Home Builders Warranty Long live happy homes says it all. It says we are in the business of promises kept and promises kept, make our customers happy. It says we have protected over 5.5 million new and pre-owned homes. It says we partner with thousands of the nation s finest home builders, service contractors and real estate professionals who consider our protection the industry s gold standard. It says we relentlessly focus on reducing the financial risks for our millions of customers. It says a lot about promises kept. The Buyer will receive a Certificate of Warranty within 30 days after the Builder/Seller took all steps required to make the express limited warranty effective. The Certificate of Warranty will identify the coverage selected by Your Builder/Seller and the Warranty Limits. Once the Certificate of Warranty is received, please keep it with this warranty booklet. You do not have a warranty without a valid Certificate of Warranty. *Register your warranty at *. *Not required for your warranty to be valid*. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 18

19 TABLE OF CONTENTS SECTION I Your Warranty Booklet and Certificate of Warranty Coverage SECTION II The Warranties Provided By Your Builder/Seller SECTION III The Option to Repair, Replace or Pay for Defect and/or Structural Defect SECTION IV Reporting a Warranty Claim SECTION V The Effect of this Warranty on Your Legal Rights SECTION VI Arbitration of Disputes SECTION VII Your Responsibilities under This Express Limited Warranty SECTION VIII Exclusions SECTION IX Manufacturers and Other Similar Warranties SECTION X Construction Performance Guidelines HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 19

20 SECTION I. YOUR WARRANTY BOOKLET AND CERTIFICATE OF WARRANTY COVERAGE. This booklet and the Certificate of Warranty Coverage are very important legal documents that fully define the provisions of Your Builder/Seller s express limited warranty, Your rights and Your Builder/Seller s rights and obligations. Therefore, it is important to keep this booklet and the Certificate of Warranty Coverage with other legal documents that are important to You. Your warranty is not a policy of insurance, a maintenance agreement or a service contract. If You have a mortgage on Your Home, Your lender may insist that You have a Homeowners insurance policy. This warranty is not a Homeowners insurance policy and it will not satisfy the lender s requirement. The provisions of this warranty may not be changed by Your Builder/Seller or by any other person. If any provision of this warranty is found to be unenforceable, the remaining provisions will remain in full force and effect. A. TRANSFERRING YOUR BUILDER/SELLER S EXPRESS LIMITED WARRANTY. If You sell Your Home during the term of the express limited warranty, this warranty can be transferred to the next owner, and any subsequent owners. This means all of Your rights and obligations under this warranty, up to the remaining amount of the Warranty Limit, will transfer to each purchaser of Your Home or any person who otherwise obtains title to Your Home, including any mortgagee in possession, for the remaining term of the warranty. When You sell Your Home, You agree to give this warranty booklet and the Certificate of Warranty Coverage to Your buyer in order to make it possible for the buyer to understand his or her rights and fulfill his or her obligations under the provisions of this express limited warranty. If You are a successive owner of the Home, You may benefit from the coverage provided by this express limited warranty, but in return You are bound by all of the terms and conditions of this warranty including but not limited to the procedures that must be followed to make a claim and the obligation to participate in arbitration as set out in this warranty. To register the warranty in Your name please complete and mail the Successive Owner Transfer and Acceptance Form along with a check for $20.00 to 2-10 HBW at the address shown on the form. B. WORDS WITH SPECIAL MEANINGS. Generally speaking, the words used in this warranty have their normal everyday meaning. In some cases, however, a word will be used as shorthand to describe specifically one of the key provisions contained in this express limited warranty. In those cases, the words will be capitalized, and the capitalized word will always have the same special meaning. Most defined terms are described in this section, however, other sections of this warranty booklet may contain other defined terms. The words being given a special meaning in this section are as follows: Builder/Seller means the Home Builder/Seller listed on the Certificate of Warranty Coverage, and is the person or company providing You with this express limited warranty. Certificate of Warranty Coverage is the document issued by 2-10 HBW confirming that Your Builder/Seller took all steps required to make the express limited warranty on Your Home effective. Common Element means any portion of a Multi-Family Building which is defined as a Common Element in either common interest ownership laws or in the declaration establishing such community. Unless excluded in Section VIII, Common Elements may include, without limitation, hallways, roofs, exterior finishes, and electrical, plumbing, and mechanical distribution systems. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 20

21 Common Element Date of Warranty means the earlier of the date a certificate of occupancy is issued for the Multi-Family Building or the date a unit in the building is first occupied. Commercial Space means any unit within a Multi-Family Building that is used primarily for a non-residential purpose, including, without limitation, club houses, retail space, and recreational facilities. Defect means a failure to meet the Construction Performance Guidelines for workmanship and systems set forth in Section X of this warranty booklet. Effective Date of Warranty means the date the express limited warranty goes into effect. That date will be the earliest of: (1) the closing date on which You purchased the Home, (2) the date title to the Home was transferred to You if title was transferred before Your closing date, or (3) the date anyone first began living in the Home if before Your closing date. Homes With FHA/VA Financing Only If Your Certificate of Warranty indicates Your Home has FHA/VA financing, the Effective Date of Warranty is the date of closing. Home means the dwelling unit and garage (if any) or the Commercial Space (if any) located at the address shown on the Certificate of Warranty Coverage. Multi-Family Building is a building in a common interest community that may consist of dwelling units, shared parking spaces, Commercial Space(s) and/or Common Elements. Performance Guidelines mean the performance standard(s) the Home or element or component must satisfy. Structural Defect is defined in Section IIB of this warranty booklet. You, Your, and similar words means the person or persons who are the legal owners of the Home covered by this express limited warranty. Warranty Insurer is the Builder/Seller s Warranty Insurer as stated on Your Certificate of Warranty Coverage. Warranty Limit is the aggregate financial obligation of the Builder/Seller for all claims under this warranty and is the sum stated on the Certificate of Warranty Coverage. SECTION II. THE WARRANTIES PROVIDED BY YOUR BUILDER/SELLER. A. ONE YEAR WORKMANSHIP AND TWO YEAR SYSTEMS DEFECT WARRANTY. Your Builder/Seller is providing a One Year Workmanship and Two Year Systems Defect Warranty for Your Home. This means that Your Home will be free from Defects in materials and workmanship for one year as defined in the Construction Performance Guidelines in Section X; and for two years Your Home will be free from Defects in the electrical, plumbing, and mechanical distribution system as stated in Section X. The Workmanship warranty shall expire one year from the Effective Date of Warranty; and the Systems Warranty will expire two years from the Effective Date of Warranty. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 21

22 WORKMANSHIP: Examples of items typically covered under the one year workmanship warranty. SYSTEMS: Examples of items typically covered under the two year systems warranty. B. STRUCTURAL DEFECT WARRANTY. Your Builder/Seller is providing a Structural Defect warranty. This means that the Builder/ Seller warrants that Your Home will be free from Structural Defects from the Effective Date of Warranty for ten years. Structural Defect is defined as actual physical damage to the designated load-bearing elements of the Home caused by failure of such load-bearing elements which affects their load-bearing functions to the extent that Your Home becomes unsafe, unsanitary, or otherwise unlivable. This is coverage for catastrophic failure of loadbearing elements of Your Home. The designated load-bearing elements that are covered under the Structural Defect warranty are: 1. Footings and Foundation systems; 2. Beams; 3. Girders; 4. Lintels; 5. Masonry Arches; 6. Columns; 7. Load-bearing walls and partitions; 8. Roof framing systems; and 9. Floor systems. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 22

23 STRUCTURAL: Examples of typical items covered under the ten year structural warranty are found above. The remaining elements of Your Home are not load-bearing elements under this Structural Defect warranty. A non-exclusive list of some of the non-load-bearing elements in Your Home not covered by this Structural Defect warranty are: 1. Non-load-bearing partitions and walls; 2. Wall tile or paper, etc. 3. Drywall and plaster; 4. Flooring and sub-flooring material; 5. Stucco, brick and stone veneer; 6. Any type of exterior siding; 7. Roof shingles, roof tiles, sheathing, and tar paper; 8. Heating, cooling, ventilating, plumbing, electrical and mechanical systems; 9. Appliances, fixtures or items of equipment; 10. Doors, trim, cabinets, hardware, insulation, paint, stains; and 11. Basement and other interior floating, ground-supported concrete slabs. Homes With FHA/VA Financing Only If Your Certificate of Warranty indicates Your Home has FHA/VA financing, add the following to the definition of designated load-bearing elements that are covered: HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 23

24 12. Roof sheathing only if Your Home has original FHA/VA financing still in effect; and 13. State of Colorado: Basement slabs for the first four years of the Structural Defect warranty period only if Your Home has original FHA/VA financing still in effect. C. INDIANA RESIDENTS. If Your Home is located in the State of Indiana, Your Home will be free from Defects in materials and workmanship as defined in the Construction Performance Guidelines contained in Section X of this warranty booklet for a period of two years from the Effective Date of Warranty, and the roof on Your Home will be free from Defects in faulty workmanship or defective materials for a period of four years from the Effective Date of Warranty. All other provisions of this warranty remain the same. SECTION III. THE OPTION TO REPAIR, REPLACE OR PAY FOR DEFECT AND/OR STRUCTURAL DEFECT. A. PROVISIONS APPLICABLE TO DEFECT AND/OR STRUCTURAL DEFECT. The Builder/Seller shall have the option to repair, replace or pay You the reasonable cost of repair of any Defect. The Warranty Insurer shall have the option to repair, replace or pay You the reasonable cost of repairing any Structural Defect. The design, method and manner of such repair shall be within the sole discretion of the Builder/Seller or Warranty Insurer, as applicable. At the time of repair, replacement or payment for the repair of any Defect or Structural Defect, You must: 1. Assign to the Builder/Seller or Warranty Insurer any rights You may have against any other person with respect to the Defect or Structural Defect. You must not do anything to prejudice these rights of subrogation. 2. Sign and deliver a full and unconditional release of the Builder/Seller or Warranty Insurer, in recordable form, of all legal obligations with respect to the warranted items and conditions arising from those items. If an improvement, fixture or property not constructed by the Builder/Seller is damaged or requires removal during the repair, it is Your sole responsibility, and not the responsibility of the Builder/Seller or Warranty Insurer, to pay for the cost of repair or removal of such improvement, fixture or property. No repair shall extend the term of this express limited warranty as to any Defect or Structural Defect, including without limitation, the Defect or Structural Defect that was the subject of the repair. Homes With FHA/VA Financing Only In the case of cash payments regarding Homes with original FHA/VA financing still in effect, the Warranty Insurer is required to make payment to You and Your mortgagee. You must provide the name and address of Your mortgagee, the FHA/VA case number and the loan number (Your HUD settlement statement will have this information) when You file a claim with respect to a Home with a FHA/VA financed mortgage, in order for these obligations to be performed. B. ADDITIONAL PROVISIONS APPLICABLE TO THE REPAIR OF STRUCTURAL DEFECT. The repair of a Structural Defect is limited to: 1. The repair of damage to designated load-bearing portions of the Home which is necessary to restore their load-bearing ability; 2. The repair of designated non-load-bearing portions, items or systems of the Home, damaged by the Structural Defect, which make the Home unsafe, unsanitary, or otherwise unlivable (such as the repair of inoperable windows, doors and the restoration of functionality of damaged electrical, plumbing, heating, cooling, and ventilating systems); and HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 24

25 3. The repair and cosmetic correction of only those surfaces, finishes and coverings, original with the Home, damaged by the Structural Defect, or which require removal and replacement attendant to repair of the structural damage, or to repair other damage directly attributable to the Structural Defect. Repairs of the Structural Defect are intended to restore the Home to approximately the condition just prior to the Structural Defect, but not necessarily to a like-new condition. C. ACCESS TO YOUR HOME FOR INSPECTING AND MAKING REPAIRS. In order to carry out the warranty responsibilities, the Builder/Seller or Warranty Insurer will require access to Your Home. If Your Home is in a Multi-Family Building, You agree (after reasonable notice) to allow access to, or within Your Home during normal business hours so repairs may be made to any adjacent unit or Common Element. If emergency repairs are necessary and You cannot be reached within a reasonable time period, You waive such notice. If You do not provide access to Your Home during normal business hours to inspect, repair, or conduct tests on Your Home as may be required to evaluate or repair a Defect or Structural Defect, You are relieving the Builder/Seller and Warranty Insurer of all responsibility to make repairs, replace or pay for any Defect or Structural Defect under this warranty. In addition to the right to inspect Your Home, the Builder/Seller or Warranty Insurer shall have the right, in advance of any arbitration concerning Your Home, to re-inspect Your Home if the request for arbitration is made more than sixty (60) days after the last claim decision concerning the claim that is the subject of the arbitration. D. THE LIMITS OF YOUR WARRANTY. Every time Your Builder/Seller or Warranty Insurer pays a claim under this warranty, the amount of that payment is deducted from the Warranty Limit. When the Warranty Limit is exhausted, there is no longer warranty coverage for Your Home. A claim payment includes the cost to the Builder/Seller or Warranty Insurer of repairing a Defect or Structural Defect in Your Home covered under this warranty. However, a claim payment does not include the cost of investigating the claim. The Warranty Limit for Common Elements in a Multi-Family Building is equal to the sum of the unexpired Warranty Limits for all Homes in the building which are enrolled in the 2-10 HBW Program. In the event that all Homes in the Multi-Family Building were not enrolled, the Warranty Limit for Common Elements Defects or Common Elements Structural Defect coverage shall be reduced pro-rata based upon the ratio of the original sale price of the non-enrolled Homes compared to the total original sales price of all Homes in the Multi-Family Building. If the claim payment is for a Common Elements Defect or Common Elements Structural Defect, the Warranty Limit on each Home in the Multi-Family Building still covered by an unexpired warranty shall be reduced pro-rata in the proportion which the Common Elements claim payment bears to the total original sales price of all enrolled Homes. Any coverage for Your Builder/Seller s express limited warranty shall be excess of any other valid and collectible insurance available to You or Your Builder/Seller, whether primary, pro-rata or excess, and whether or not collected. E. EMERGENCY REPAIRS. An emergency means a substantial risk of serious physical damage to the Home or a substantial risk of serious bodily injury to its occupants if a Defect or Structural Defect is not immediately repaired. If You have an emergency involving a Defect or a Structural Defect, You must contact Your Builder/Seller immediately, who is responsible for making emergency repairs or authorizing You to make emergency repairs. If You are unable to contact Your Builder/Seller, You must then (1) make minimal repairs necessary to avoid the emergency until authorization for more extensive repairs have been approved by Your Builder/ Seller, (2) take any action reasonably necessary to limit additional damage, and (3) report the emergency to the Builder/Seller and 2-10 HBW on the next business day. HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 25

26 Except for authorized emergency repairs, do not repair or attempt to repair a claimed Defect or Structural Defect before the Builder/Seller has an opportunity to inspect the Defect or Structural Defect. Any attempt to repair a claimed Defect or Structural Defect, other than an authorized emergency repair, will make it impossible to assess whether the Defect or Structural Defect was covered by this warranty, whether the repair was correct, cost-effective, necessary, and effective, or whether the problem could be resolved in another way. Unless an emergency Defect or Structural Defect repair is authorized, the Builder/ Seller and/or the 2-10 HBW Warranty Insurer will have no responsibility to reimburse any costs due to repair, replacement, and expenses, including engineering and attorney s fees. SECTION IV. REPORTING A WARRANTY CLAIM. A. WORKMANSHIP AND SYSTEMS DEFECTS. If You believe Your Home has a Defect that is covered under Your Builder/Seller s Workmanship or Systems Warranty that occurred during the applicable term of the warranties, You must take the steps described in this Section IV. B. STRUCTURAL DEFECTS. If You believe Your Home has a Structural Defect that is covered under Your Builder/Seller s Structural Warranty, You must take the steps described in Section IV.D.2. Notice of Structural Defect must be made by the Homeowner, except for Multi-Family Buildings, notice for each affected building must be made by the Homeowners association or its designated representative, along with a copy of the Certificate of Warranty Coverage for each Home in the building. C. NOTICE TO YOUR BUILDER/SELLER. 1. Workmanship and Systems Defect(s) must be reported to the Builder/Seller as soon as possible but no later than 15 days after the expiration of the applicable term of the warranty. Send written notification to Your Builder/Seller listing completely the specific Defect(s) and the date the Defect(s) occurred. The Defect will not be covered under this warranty if the Notice is received more than 15 days after the expiration of the warranty term. These time limits are a material condition of this warranty. It is recommended (but not required) that Your letter be sent by certified mail, return receipt requested so You have a record of when Your letter was sent and received. D. NOTICE TO 2-10 HBW. 1. WORKMANSHIP AND SYSTEMS DEFECTS MUST BE REPORTED TO 2-10 HBW AS SOON AS POSSIBLE BUT NO LATER THAN 15 DAYS AFTER THE EXPIRATION OF THE APPLICABLE TERM OF THE WARRANTY. If covered repairs for the Workmanship or Systems Defects are not completed by Your Builder/Seller within sixty (60) days of the date You sent Your letter or before the expiration of the warranty term (whichever date comes earlier), You must complete the following three steps: a. Complete the appropriate Notice of Complaint Form ( Notice ), which is found at the back of this warranty booklet. b. Send one copy of the Notice to Your Builder/Seller. c. Send one copy of the Notice to 2-10 HBW, and include: HOMES BY WESTBAY HOMEOWNER S MAINTENANCE MANUAL V PAGE 26