I was recently approached by an individual whose condominium association was enduring several defects due to the developer’s refusal to address the issues. Instead of pursuing the developer in a court of law, the condominium association has chosen to attempt to remedy the situation by going through local government channels.
While it is true, the local city or state governments may be able to assist an association to some limited degree in resolving disputes with the builder and/or contractor being that the local building inspector had to sign off on the project, such government entities are generally not in a position to resolve all issues. Furthermore, if they are in the position to resolve the issues, they may not be able to do so in a timely fashion.
It would behoove the condominium association to consider pursing the developer in a court of law as they may have claims which cannot be addressed by local or state governments. It is imperative that the condominium association retain the services of a knowledgeable condominium attorney who not only knows who to pursue in legal action, but also one who knows which claims to be able to assert in order to maximize said claims against the developer.
Unfortunately, it sounds like the condominium association in question is looking to get something for nothing in the name of saving their community a few bucks. However, they could be doing their residents a huge disservice in the long run by not pursuing the developer to the full extent of the law. As we all know, there are know free lunches, and this board should be aware of that.
Robert Meisner is a real estate attorney and condo specialist. He has been practicing for 35 years and is the author of the brand new book: Condo Living. The book is published by Momentum Books, and can be purchased at major book stores or directly through the publisher at http://www.momentumbooks.com/ or 800-758-1870 x109.