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By order of Sheriff Darren Weekly, Stage 1 Fire Restrictions are in place for unincorporated areas of Douglas County. Ordinance No. O-012-004 restricts open fires, open burning and the use of fireworks in the unincorporated areas of Douglas County.

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Construction Defect Litigation Ordinance

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. 

Read the Ordinance

The construction of new homes in Douglas County is essential for the long-term wellbeing of our community.

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.

What This Means for Our Community

About the Ordinance

Gives homeowners more say in HOA lawsuits

Before an HOA can file a construction defect lawsuit, it must:

  • Notify every homeowner about the issue.
  • Share clear information about the problem, the risks and the possible costs.
  • Get written approval from a majority of homeowners before moving forward.

This ensures that homeowners—who ultimately bear the costs and consequences—have a direct voice in the decision.

Allows builders a chance to inspect and fix problems

If a homeowner reports a possible construction defect:

  • The builder must be notified and allowed to inspect the issue.
  • Builders can choose to repair the problem at their own expense.
  • Repair work must follow a detailed written plan, and homeowners receive a new two-year warranty on the repairs.

This helps resolve many issues quickly—without lengthy, expensive litigation.

Creates more transparency with the County

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.

Clarifies how County regulations can be used in lawsuits

The ordinance makes clear that:

  • County building codes can’t automatically be used to sue builders.
  • A violation must be directly linked to property damage, a safety issue, or another real impact.
  • Homeowners can still recover economic damages related to a violation.

This prevents minor or technical violations from triggering costly litigation while still protecting homeowners when real harm occurs.