ATLANTA -- More than 2 dozen states, including Georgia, have a “Right to Repair” law. That law requires homeowners to take certain steps before pursuing legal action against a builder – but it doesn’t guarantee a settlement, as Consumer Advisor Clark Howard explains.

Fairington Park residents Kim Reid and Wanda Thomas are on a mission. They want their builder to repair or replace windows in more than 60 units in a 3-year-old complex. You can see black mold growing under the windows in some homes – residents claim excess water is to blame.

“They’ve been pretty much coming out and doing patch work. They’re not saying it’s not their responsibility, but not giving us the permanent fix that we need,” Wanda Thomas says.

An engineer, hired by the condo association, concluded the only practical fix is to install “thermal breaks” to stop the condensation build-up. But residents found out, that fix is not covered by their extended warranty.

“As a consumer, you need to make sure you know what your warranty is when you buy it, and what the steps are when the warranty issues arise,” says Penelope Round with the Greater Atlanta Homebuilders Association.

“I’ve also contacted the warranty company and they’re saying it’s not covered and that we should go back to the builder,” says Thomas.

The builder, Fairington Partnership, has repaired the windows in several units, including Kim Reid’s.

“They came and did patch work around the windows. We were told to let them do that under the “Right to Repair” Act,” Reid says.

The law, just 2 years old, requires Georgia homeowners to notify a builder of their claims in writing, before they can file a legal action – and you’ve got to give the builder 30 days to respond. But the law doesn’t require the same in return.

“If the builder does not respond within the first 30 days the homeowner can proceed with any litigation or arbitration that is necessary,” says Bob Merz. Merz is a former building professor who now specializes in construction arbitration. He says if a builder does offer a settlement, the owner has 30 days to accept or reject it.

“From the standpoint of law, it makes both parties address individual items and a specific list of items,” Merz says.

Back at Fairington Park, the builder responded to the list of concerns, but rejected the claim for new windows. So Wanda Thomas and Kim Reid say they may be forced to take their fight to court.

“Once they sell these places, that’s it – it’s almost like they don’t want any more ties to these places,” Reid says.

Clark Howard says that’s why you’ve go to protect yourself before the sale. First, read the contract completely, including any warranty coverage you’re offered. You should also understand any arbitration requirement and document every issue and every response in writing.

Turns out, the Fairington Park homeowners are required to go to arbitration before they can take any legal action.

Here are more details on homeowner’s rights and warranties:

Current law does not require Georgia builders to provide any warranty on new construction.

But the new licensing law will require them to provide at least one year of coverage.

The Greater Atlanta Homebuilders Association holds classes for new buyers on issues including warranties, arbitration and building standards.