Sec. 11C-9. Warranty.

   (a)   Scope of warranty. A developer must give a cooperative and its members a warranty on the structural elements of the real property of the cooperative, including:

      (1)   Roof;

      (2)   Foundation;

      (3)   Ceilings;

      (4)   Floor;

      (5)   Walls; and

      (6)   Mechanical, electrical, and plumbing systems.

   (b)   Provision of warranty. A developer must warrant that:

      (1)   The developer is responsible for correcting a defect in material or workmanship; and

      (2)   The structural elements meet industry standards that were in effect when the building was constructed.

   (c)   Beginning of warranty. A warranty under this section begins with the first issue of a membership certificate to a purchaser other than the developer.

   (d)   Incomplete structural element. If a structural element is not complete at the time of the first issue of a membership certificate, the warranty on that structural element begins with the latter of:

      (1)   Completion of the structural element; or

      (2)   Availability of the structural element for use by all members.

   (e)   Warranty period.

      (1)   A one-year warranty covers elements within the exclusive use of a member occupying an individual unit, including:

         (i)   Internal walls;

         (ii)   Ceilings;

         (iii)   Floors;

         (iv)   Doors;

         (v)   Fixtures; and

         (vi)   Appliances.

      (2)   A three-year warranty covers elements within the common use of all members, including:

         (i)   External and supporting walls;

         (ii)   Roof;

         (iii)   Foundation;

         (iv)   Mechanical, electrical, and plumbing systems; and

         (v)   Common area walls, floors, ceilings, and doors.

   (f)   Applicability of warranty. A warranty under this section does not apply to a defect caused by abuse or failure to perform maintenance by:

      (1)   A member; or

      (2)   A cooperative after control transfers to cooperative members.

   (g)   Notice of defect. Within the warranty period, either a member or the cooperative must give the developer notice of a defect that is known.

   (h)   Suit for enforcement. Within one (1) year after a warranty period ends, the member or the cooperative may file a suit for enforcement of a warranty under this section. (1985 L.M.C., ch. 39, § 1.)