How do we close out an HOA construction project and release retainage?
By OurHOA · General information · Revised
How an HOA board closes out a construction project: substantial vs final completion, the punch list, closeout papers, releasing retainage, and a warranty calendar.
Part of the HOA board handbook: vendors, projects and upkeep.
The short answer
A construction job has two finish lines, and boards get into trouble when they treat them as one. Substantial completion is the day the roof or clubhouse can be used. Final completion is the day the punch list is done, the permit is closed, the paperwork is filed and every sub is paid. Retainage, the slice of each payment the association held back, belongs to the second date. The board's closeout job, in order: record the substantial completion date, issue a punch list, collect the closeout package, release retainage once the lien paperwork is clean, and calendar every warranty deadline. State law and your contract control the details, and both vary. This guide is general education, not legal advice, and on a large job the association's attorney should read the final payment documents before the check goes out.
Pin down substantial completion in writing
The substantial completion date starts legal clocks. In Texas, section 16.009 of the Civil Practice and Remedies Code generally bars suits over defective construction brought more than 10 years after substantial completion, or six years for some houses and townhouses when the contractor gave a qualifying written warranty. In Colorado, section 13-80-104 gives two years from when the defect shows itself, with an outer limit of six years after substantial completion, stretched by up to two years for a defect that surfaces in year five or six. In Florida, section 95.11(3)(b) runs four years to sue, and seven at the outside, from the certificate of occupancy or completion, though the four years runs from discovery for a hidden defect, and warranty repairs don't restart the clock. When the contractor says the work is ready, have your engineer or architect inspect it and sign a one-page certificate stating the substantial completion date, with the punch list attached. Without a consultant, the board president and the contractor sign it. In Florida, get a copy of the building department's certificate as soon as it issues. Warranty forms often start on one of these dates too, so check which date each warranty uses before you sign.
Walk the job and write a punch list the contractor can close
Schedule one walk with the contractor's superintendent, your consultant and the board member who has been the project contact. Bring the specifications, the approved change orders and a camera. Write each item so a stranger could check it off: 'Building C, east elevation: two cracked shingles above unit 12, replace' works. 'Roof: touch-ups' does not. Number the items, attach photos, and send the list within two business days with a completion date, such as 30 days out. The contractor marks each item done, then you re-walk only the listed items. Owner complaints go on it only if they tie to the contract, like a gouged driveway or sod that died under the dumpster, logged with the unit number and a photo.
Collect the closeout package before the last check
The next board will need these papers in 10 years, when a leak shows up and no one remembers who did the work. Require them in the contract as part of final completion: - Final inspection or permit sign-off from the building department, and the certificate of occupancy or completion where one is issued - Manufacturer warranties registered in the association's name, with the registration confirmation - The contractor's workmanship warranty, signed, with the start date and length - As-built drawings or marked-up plans showing what changed in the field - Product data sheets, colors, model numbers and spare material left on site, with where it is stored - Operation and maintenance manuals, plus any service schedule the warranty requires - Subcontractor and major supplier contacts - Final lien waivers, and in Florida the contractor's final payment affidavit - A final accounting: original contract, every change order, credits and the retainage balance Scan it all into the association's records the week it arrives. A warranty that lives in a former director's email is a warranty the association doesn't have.
Releasing retainage without buying a lien
Retainage keeps the contractor working the punch list, and it is the money that pays a sub the general contractor stiffed. Release it early and you lose both. In Texas, section 53.101 of the Property Code requires the owner to hold back 10 percent of the contract price during the work and for 30 days after the work is completed, whatever your contract says. If the association doesn't, section 53.105 gives claimants who followed the notice rules a lien on the property of at least the amount that should have been reserved. A claimant who wants a lien on those reserved funds must file its lien affidavit within 30 days after completion under section 53.103. Recording an affidavit of completion under section 53.106 puts that date on the record. File it within 10 days of completion, because a later filing makes the filing date the completion date. Chapter 53 counts completion from when the contract work, change orders included, is actually done, so count from the finished punch list, not the day the crew left. In Florida, don't make the final payment until the contractor delivers the final payment affidavit required by section 713.06(3)(d), listing any lienor who served a notice to owner and whether it was paid. After everyone is paid, section 713.132 lets the owner record a notice of termination that ends the notice of commencement 30 days after recording. In Colorado, follow the retainage percentage and release terms in your contract, and have the association's attorney confirm the lien deadlines before the final check. Whatever the state, trade the final check for unconditional final lien waivers from the contractor and every sub and supplier on your notice log. Our guide on what to do when a contractor files a lien on HOA common area covers the waiver forms and deadlines.
Build the warranty calendar
Calendar every warranty with its start, its end and a reminder 60 days before the end. Assign each to a board position, not a person, so the reminder survives an election. The most useful single inspection is the one about 11 months after substantial completion. If the workmanship warranty runs one year, this walk catches failures while the contractor still owes the repair. Have the consultant look hardest at flashing, sealant joints and drainage. If a defect shows up, send the contractor written notice right away. Some states require a formal notice before any lawsuit. Florida's chapter 558 requires a notice of claim at least 120 days before suing when the claimant is an association representing more than 20 parcels, and gives the contractor 50 days to inspect and 75 days to respond. Colorado's section 13-20-803.5 requires notice 75 days before filing, or 90 days for commercial property. Colorado boards should also know that HB25-1272, effective August 6, 2025, raised the owner vote needed before most construction defect suits to 65 percent of the association's votes, but section 38-33.3-303.5 does not require that vote when the association itself was the contracting party. In Texas, a written claim presented to the contractor within the section 16.009 period extends the deadline by two years.
A sample closeout timeline
Day 0: consultant inspects and signs the substantial completion certificate with the punch list attached. Day 2: punch list goes out with a 30-day completion date. Owner notice goes out. Days 2 to 30: contractor works the list, assembles the closeout package and schedules the final inspection. Day 30: re-walk of listed items only. Permit sign-off in hand. Call this the completion date. By day 40 in Texas: affidavit of completion recorded, if the board files one, with copies sent as section 53.106 requires. Days 30 to 45: final waivers and, in Florida, the final payment affidavit arrive. Day 60 or later in Texas, or once the paperwork is complete elsewhere: board votes at a noticed meeting to release retainage, and the check goes out. Texas requires the 10 percent hold for 30 days after completion. Month 11: warranty walk. Year 5: calendar reminder to review your state's repose deadline with the association's attorney. Send the final cost and completion date to your reserve study provider so the component resets. Our guide on how to plan a major HOA project covers the earlier stages of the job.
Wording the board can use
A motion to release retainage can read: "Move to approve final payment to [contractor] of $[amount], consisting of the retainage balance of $[amount] under the [project] contract dated [date], on the condition that the treasurer has received (1) the consultant's written confirmation that all punch list items are complete, (2) the final inspection or permit sign-off, (3) unconditional final lien waivers from the contractor and each subcontractor and supplier on the association's notice log, and (4) the closeout documents listed in section [number] of the contract." A closeout notice to owners can read: "The [project] is substantially complete as of [date]. Over the next 30 days the contractor will finish a list of remaining items, including [two or three examples]. If the project damaged your property and you have not reported it, send a photo and your address to [contact] by [date]. Warranty problems can still be reported after that."
Mistakes boards make at the end of a job
Paying the retainage the day the crew leaves because the board is tired. The punch list then stalls for months. Letting the substantial completion date go unrecorded, then arguing years later about when a limitation period started. Accepting a manufacturer warranty that was never registered, or registered in the contractor's name. Skipping the 11-month walk and finding the flashing failure in month 14.
Sources
- Texas Property Code chapter 53: mechanic's, contractor's, or materialman's liens (sections 53.101 to 53.106)
- Texas Civil Practice and Remedies Code chapter 16, section 16.009: persons furnishing construction or repair of improvements
- Florida Statutes 713.06: liens of persons not in privity; final payment affidavit (2026)
- Florida Statutes 713.132: notice of termination (2026)
- Florida Statutes 95.11: limitations other than for the recovery of real property (2026)
- Florida Statutes 558.004: notice and opportunity to repair (2026)
- Colorado Revised Statutes 2024, title 13 (sections 13-20-803.5 and 13-80-104)
- Colorado HB25-1272: construction defects and middle market housing (signed act)
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.
More from the board handbook
- How do we write an HOA request for proposal and compare contractor bids?
- What should an HOA board check in a vendor contract before signing it?
- How do we read a vendor's certificate of insurance (ACORD 25) before work starts?
- What should go in an HOA board's emergency preparedness plan?
- How do we plan a major HOA project like a roof replacement or repaving?
- What should be on an HOA preventive maintenance schedule, season by season?
- How do we write clear HOA architectural guidelines from our CC&Rs?
- How should an HOA board inspect its playground and pool for safety hazards?
- How should an HOA board choose an insurance agent and read the renewal quote?
- How should an HOA board prepare for a reserve study site visit?
- How do we set up a key, fob and gate code policy for our HOA's amenities?
- How do we write an HOA snow removal contract?
- How do we plan a tree maintenance program for our HOA's common areas?
- How does an HOA board get the community pool ready to open for the season?
- How do we run an HOA volunteer work day without taking on too much risk?
- What should an HOA board do when a vendor is not doing the work it was hired to do?
- How do we replace the cluster mailboxes in our HOA?
- How do we cut our HOA's common area water bill with an irrigation audit?
- How do we replace our HOA's entrance monument sign?
- How do we set up pet waste stations and a dog area in our HOA?
- How do we handle an HOA insurance claim after a storm, step by step?
- How do we hire a landscaping contractor for our HOA and write the scope?
- How do we set up security cameras in our HOA's common areas?
- What should our HOA board do and write down after someone is hurt in a common area?
- How do we set up a maintenance schedule for our HOA retention or detention pond?
- What should our HOA board do when a sinkhole or ground collapse opens in the common area?
- How do we convert our HOA streetlights to LED?
- How do we plan a repaving and sealcoat program for our HOA's private streets?
- How does an HOA board bid out trash and recycling service for the community?
- How do we plan an HOA pool resurfacing or replaster project?
- How do we set up a termite and pest control contract for our HOA?
- How do we replace our HOA's perimeter fence or screening wall?
- How do we maintain and repair our HOA's automatic entry gate?
- How does an HOA board run a sidewalk trip hazard repair program?
- How do we set up an annual backflow testing program for our HOA's irrigation?
- How do we plan an exterior repainting project for our HOA's townhomes or buildings?
- How does an HOA board plan a playground equipment replacement?
- How do we plan an HOA clubhouse renovation?
- How do we set up a mosquito control program for our HOA?
- How do we run an HOA storm debris cleanup after a hurricane or hail storm?
- How do we plan an HOA tennis court resurfacing and decide whether to add pickleball lines?
- How do we set up a wildfire defensible space program for our HOA's common areas?
- How do we run a bulk trash or dumpster day for our HOA?
- How do we inspect and repair a retaining wall our HOA maintains?
- How do we schedule fire extinguisher and fire alarm inspections for our HOA?
- How do we winterize HOA irrigation and keep common-area pipes from freezing?
- How do we fix standing water and drainage problems in our HOA common areas?
- How does an HOA run a dryer vent cleaning program for condos and townhomes?
- How do we hire a contractor to put up holiday lights at the HOA entrance?
- How do we bid janitorial service for the HOA clubhouse and pool restrooms?
- What should our HOA board do when water leaks from a common element into a unit?
- What should an HOA board do when a contractor files a lien on common area?
- How do we hire a reserve study company for our HOA?
- How do we replace or add a fountain or aerator in our HOA pond?
- How do we set up an AED program for our HOA clubhouse or pool?
- How do we replace the fence and gates around our HOA pool?
- How do we add EV chargers to HOA common area parking?
- What should our HOA board do when sewage backs up from a common sewer line?
- How do we replace the pump or heater on our HOA pool?
- What should our HOA board do about a gas leak at the clubhouse or pool heater?
- How do we replace the pool furniture at our HOA pool?
- How do we hire a pressure washing contractor for our HOA common areas?
- How do we replace the heating and air conditioning system in our HOA clubhouse?
- How do we plan a dredging project for our HOA's stormwater or retention pond?