Section § 895

Explanation

This law section defines several key terms related to residential construction and property. It explains what is considered a 'structure,' differentiates between 'designed moisture barriers' and 'actual moisture barriers,' and clarifies what 'unintended water' means. It also specifies the timeline for 'close of escrow' in real estate transactions and who qualifies as a 'claimant' or 'homeowner'—including single-family owners, unit owners in attached dwellings, and associations in common interest developments.

(a)CA Civil Law Code § 895(a) “Structure” means any residential dwelling, other building, or improvement located upon a lot or within a common area.
(b)CA Civil Law Code § 895(b) “Designed moisture barrier” means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer’s recommendations.
(c)CA Civil Law Code § 895(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 a barrier against moisture.
(d)CA Civil Law Code § 895(d) “Unintended water” means water that passes beyond, around, or through a component or the material that is designed to prevent that passage.
(e)CA Civil Law Code § 895(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 Section 4080, “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)CA Civil Law Code § 895(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 Section 4080.