At a Business Meeting on Tuesday, Nov. 18, the Board of Douglas County Commissioners voted to approve a new ordinance designed to reduce barriers to new housing construction in our community while continuing to ensure homeowner safety and construction quality.
The Board’s vote followed a period of public comment after the ordinance’s first reading on Nov. 18. The ordinance will go into effect on Jan. 16, 2026.
Douglas County continues to experience a growing need for increased housing construction to provide homeownership opportunities for families of every size and at every stage of life. However, obstacles such as construction defect litigation, often discourage the development of new homes of varying size, such as condos or townhomes, which can negatively impact first-time homebuyers seeking entry into the market and older adults looking to downsize.
The new ordinance will shift construction defect disputes away from immediate litigation and toward transparency, homeowner consent, and early inspection and repair, while limiting the use of county laws and regulations as the basis for lawsuits.
Before an HOA can file a construction defect lawsuit, it must:
This ensures that homeowners—who ultimately bear the costs and consequences—have a direct voice in the decision.
If a homeowner reports a possible construction defect:
This helps resolve many issues quickly—without lengthy, expensive litigation.
If a construction defect claim involves County codes or regulations, the County will be notified and may perform its own inspection. This helps ensure that any safety or building-code concerns are addressed promptly and publicly.
The ordinance makes clear that:
This prevents minor or technical violations from triggering costly litigation while still protecting homeowners when real harm occurs.
