2011 California Code
Civil Code
DIVISION 2. PROPERTY [654 - 1422]
CHAPTER 1. Definitions
Section 895


CA Civ Code § 895 (through 2012 Leg Sess) What's This?

(a) Structure means any residential dwelling, other building, or improvement located upon a lot or within a common area.

(b) Designed moisture barrier means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer s recommendations.

(c) Actual moisture barrier means any component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as such.

(d) Unintended water means water that passes beyond, around, or through a component or the material that is designed to prevent that passage.

(e) Close of escrow means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in subdivision (a) of Section 1351, close of escrow means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association s ability to decide whether to initiate a claim under this title, whichever is later.

(f) Claimant or homeowner includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development, any association as defined in subdivision (a) of Section 1351.

(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)

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