HOW DO I FILE A COMPLAINT WITH THE BIA?
Building Industry Association of Central Kentucky members, whether Professional Builders, Professional Remodelers or Associates, have agreed to abide by the governing principles of this organization, its values and Code of Ethics. Successful customer and member relations always involves good communications. The sooner concerns are explained to the involved parties (builder, remodeler, service provider and consumer), the faster the situation can be resolved.
Occasionally, after contractual obligations and warranties have been reviewed and verbal and written communications attempted, the matter in dispute remains unresolved. At that point, there are several options available. It is important to take action as soon as the parties recognize that the conflict cannot be resolved between themselves. Feel free to contact the Association staff at 859-273-5117 to learn more about this process.
ONE YEAR WARRANTY
The Building Industry Association of Central KY only has jurisdiction during the one (1) year period after the closing date. Complaints can only be accepted up to thirty (30) days after the one year period. If you are outside the stated time period, consider contacting the Better Business Bureau, 859-259-1008.
WHAT IS A CONCILIATION?
The Association will have at least two members of the Conciliation Team from the Professional Standard and Registration Committee conciliate between the homeowner and builder. The three parties will meet on site reviewing the list of complaints and attempting to reach an agreement between the homeowner and builder.
Conciliation is limited to the construction of your new home, after it is closed and within one year of closing. The intent is to ensure all work follows the guidelines of the National Association of Home Builders as provided in the Residential Construction Performance Guidelines. All other concerns are not within the jurisdiction of the Building Industry Association of Central KY.
The Association provides the conciliation procedure only as a service to its members and the home buyer and does not undertake or guarantee, expressly or implied, to perform any obligation of Builder resulting from such procedure. If the parties are unable through conciliation to mutually resolve any controversy or claim arising out of or relating to the limited warranty, or an alleged breach thereof, then it shall be settled by binding arbitration in accordance with the Rules of Mediation Center of Kentucky, Inc., and the Kentucky Arbitration Act.
WHAT IS REQUIRED TO REQUEST CONCILIATION?
The Association recommends the Homeowner resend a written notice for complaint(s) to the Builder/Remodeler. In the letter, the homeowner should list all the problems in which they are requesting action. The Builder needs to be given appropriate time to respond which the Association considers fourteen (14) days to be adequate time.
After the fourteen (14) day period if you have not received a response from your Builder, you may send a letter of complaint to the Home Builders Association and request conciliation. The homeowner will need to submit a conciliation fee of $200 along with complaint form for administration cost. Registered Builder/Remodeler will be billed $200 when a team is assigned for conciliation. The provisions shall not apply unless the Builder is at all times during the conciliation process, a member of the Home Builders Association of Lexington.
In the letter to the Association, you need to provide the closing date on your home and list the complaints you are wanting addressed. The Association also needs a copy of the one year warranty and a copy of the letter sent to the Builder.
The Building Industry Association of Central KY has found the conciliation process to be agreeable to both the Homeowner and Builder.