(1) The minimum coverage for the two-year materials and labor warranty is:

     (a) In the first twelve months, for other than the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code;

     (b) In the first fifteen months, for the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code;

     (c) In the first twenty-four months, (i) coverage for any defect in materials and labor supplied for the electrical, plumbing, heating, ventilation, and air conditioning delivery and distribution systems; (ii) coverage for any defect in materials and labor supplied for the exterior cladding, caulking, windows, and doors that may lead to detachment or material damage to the unit or common elements; (iii) coverage for any defect in materials and labor which renders the unit unfit to live in; and (iv) subject to subsection (2) of this section, coverage for a violation of the building code.

     (2) Noncompliance with the building code is considered a defect covered by a qualified warranty if the noncompliance:

     (a) Constitutes an unreasonable health or safety risk; or

     (b) Has resulted in, or is likely to result in, material damage to the unit or common elements.

[2004 c 201 § 401.]